Fisk v. State

Keel, J., delivered the opinion of the Court in which Keller, P.J., and Hervey, Richardson, Yeary, Newell, and Slaughter, JJ., joined.

A defendant convicted of a listed sex offense shall be sentenced to life in prison if he has been previously convicted of "an offense ... under the laws of another state containing elements that are substantially similar to the elements of" an enumerated Texas offense. TEX. PENAL CODE § 12.42(c)(2)(A), (B)(v). Convictions under the Uniform Code of Military Justice (UCMJ) constitute convictions "under the laws of another state." Rushing v. State , 353 S.W.3d…