Legal Opinion

Donaldson v. State

Court of Criminal Appeals of Texas

Decided December 16, 2015No. PD-0572-14PublishedCited by 18 opinions

1Opinion of the CourtNewell, J.

in which KELLER, P.J., MEYERS, JOHNSON, HERVEY, ALCALA, RICHARDSON and YEARY, JJ., joined.

If a defendant pleads true to an enhancement paragraph, can a court of appeals imply a trial court’s finding of true regarding that prior conviction used for enhancement when the trial judge, in his own words,'refused to make such a finding? No. We consequently reverse.

*435Facts

The State charged appellant with one count of making a false statement to obtain property or credit, three counts of tampering with a governmental record, and one count of falsely holding oneself out as a lawyer. Two of the five…

2Cases cited9 opinions

  1. Flowers v. StateCourt of Criminal Appeals of Texas · 2007
  2. Ex Parte RichCourt of Criminal Appeals of Texas · 2006
  3. Skillern v. StateCourt of Appeals of Texas · 1995
  4. Harvey v. StateCourt of Criminal Appeals of Texas · 1981
  5. Ex Parte LangleyCourt of Criminal Appeals of Texas · 1992

4 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Timothy O'Reilly v. State, Texas Court of Appeals, 5th District (Dallas)2016
  2. Davy v. StateCourt of Appeals of Texas · 2017
  3. Anthony Gene Dunn v. the State of Texas, Texas Court of Appeals, 6th District (Texarkana)2025
  4. Armando David Fernandez v. the State of Texas, Texas Court of Appeals, 13th District2024
  5. Burg, James Allan IiCourt of Criminal Appeals of Texas · 2020

13 more not listed; retrieve them via the Exa API.

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