Harrison v. State

I respectfully dissent.

The majority today is overruling a well reasoned opinion from this Court, Tucker v. State, 811 S.W.2d 694 (Tex.App.—Houston [1st Dist.] 1991, no pet.). In my opinion, Tucker is good law.

In the process of overruling Tucker, the majority is relying on cases that are distinguishable in a material respect: none of the cases the majority relies on include the key component of the State raising the issue of whether a prior conviction was final through evidence put on by the State. In my opinion, if the State puts on evidence that raises an issue about whether a conviction is…