Hern v. State
Court of Criminal Appeals of Texas
1Opinion of the Court
OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
WHITE, Judge.
Under a somewhat unique set of facts, appellant brings a double jeopardy challenge to the State’s attempt to retry him for an offense to which he pled guilty and the validity of which he has never challenged.
On July 10, 1992, appellant pled guilty to an indictment charging him with theft of a *895firearm over $400.00, a third degree felony. See V.T.C.A., Penal Code § 31.03(e)(4)(C). The indictment did not contain any enhancement allegations,1 but the trial court erroneously admonished appellant on the range of punishment for a…
Also in this document: Concurrence.
2Cases cited7 opinions
- Van Hoang v. StateCourt of Criminal Appeals of Texas · 1993
- Heath v. StateCourt of Criminal Appeals of Texas · 1991
- Ex Parte YbarraCourt of Criminal Appeals of Texas · 1982
- Shannon v. StateCourt of Criminal Appeals of Texas · 1986
- Zaragosa v. StateCourt of Criminal Appeals of Texas · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- in Re James H. Stone, Sr., Texas Court of Appeals, 10th District (Waco)2000
- In Re Davis, Texas Court of Appeals, 10th District (Waco)1999
- Eric Daniel Farias v. State, Texas Court of Appeals, 1st District (Houston)2012
- Deifik v. StateCourt of Appeals of Texas · 2001
- Hughes v. State, Texas Court of Appeals, 12th District (Tyler)2006
19 more not listed; retrieve them via the Exa API.