Legal Opinion

Ford v. State

Court of Criminal Appeals of Texas

Decided February 2, 2011No. PD-0440-10PublishedCited by 83 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · KeaslerKeasler, J.

The court of appeals held that Joseph Clyde Ford’s prior conviction for failure to comply with sex offender registration requirements increased the offense level of Ford’s current offense for the same crime. 1 We disagree. Because Article 62.102(c) states that “punishment for the offense ... is increased to the punishment for the next highest degree of felony,” 2 we hold that only the level of punishment was enhanced. We therefore reverse the court of appeals’s judgment and remand for proceedings consistent with this opinion.

Background

A jury convicted Ford of failing to comply with sex…

3Cases cited5 opinions

  1. Boykin v. StateCourt of Criminal Appeals of Texas · 1991
  2. Gibson v. StateCourt of Criminal Appeals of Texas · 1999
  3. State v. WebbCourt of Criminal Appeals of Texas · 2000
  4. Ex Parte ColemanCourt of Criminal Appeals of Texas · 2001
  5. Ford v. State, Texas Court of Appeals, 10th District (Waco)2010

4Cited by83 opinions

  1. Oliva v. StateCourt of Criminal Appeals of Texas · 2018
  2. Chase, Ryan FrancisCourt of Criminal Appeals of Texas · 2014
  3. Samaripas v. StateCourt of Criminal Appeals of Texas · 2014
  4. State v. Robert Louis Rosseau, Texas Court of Appeals, 4th District (San Antonio)2011
  5. Harris v. State, Texas Court of Appeals, 1st District (Houston)2012

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