Legal Opinion

Nolan v. State

Texas Court of Appeals, 14th District (Houston)

Decided February 27, 2003No. 14-01-01015-CRPublishedCited by 67 opinions

1Opinion of the Court

OPINION

KEM THOMPSON FROST, Justice.

In this consolidated appeal, appellant David Glenn Nolan challenges his convictions for aggravated kidnapping and aggravated sexual assault of a child. We affirm the trial court’s judgment as to the kidnapping offense. Because we conclude that the use of appellant’s prior deferred adjudication to enhance his punishment violated the constitutional prohibition against ex post facto laws, we reverse appellant’s life sentence for aggravated sexual assault of a child and remand that case to the trial court for a new punishment hearing.

I. Factual and Procedural…

2Cases cited22 opinions

  1. Patterson v. New YorkSupreme Court of the United States · 1977
  2. Collins v. YoungbloodSupreme Court of the United States · 1990
  3. Abdnor v. StateCourt of Criminal Appeals of Texas · 1994
  4. Saldano v. StateCourt of Criminal Appeals of Texas · 2002
  5. Posey v. StateCourt of Criminal Appeals of Texas · 1998

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

3Cited by67 opinions

  1. Smith v. State, Texas Court of Appeals, 1st District (Houston)2011
  2. LaHood v. State, Texas Court of Appeals, 14th District (Houston)2005
  3. David Shane West v. State, Texas Court of Appeals, 14th District (Houston)2013
  4. Perez v. State, Texas Court of Appeals, 7th District (Amarillo)2010
  5. Jose Antonio Moncivais v. State, Texas Court of Appeals, 1st District (Houston)2011

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

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