Legal Opinion

State v. Perez

Texas Court of Appeals, 11th District (Eastland)

Decided July 17, 1997No. 11-95-260-CRPublishedCited by 6 opinions

1Opinion of the Court

ARNOT, Chief Justice.

Two prior felony convictions were alleged for enhancement purposes in the indictment in this case. The issue before this court is to determine when the first prior conviction became final for enhancement purposes — when the judgment was signed or when the appeal from that conviction was affirmed. Determining that the first prior conviction was not final because an appeal was pending when the offense resulting in the second prior conviction was committed, the trial court granted Charles David Perez’ motion to quash the second enhancement paragraph in the indictment…

2Cases cited16 opinions

  1. Jones v. StateCourt of Criminal Appeals of Texas · 1986
  2. Arbuckle v. StateCourt of Criminal Appeals of Texas · 1937
  3. Carter v. StateCourt of Criminal Appeals of Texas · 1974
  4. Wheat v. StateCourt of Criminal Appeals of Texas · 1976
  5. Bell v. State, Texas Court of Appeals, 1st District (Houston)1991

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3Cited by6 opinions

  1. Tate v. StateCourt of Appeals of Texas · 2003
  2. Beal v. StateCourt of Appeals of Texas · 2001
  3. Beal v. StateCourt of Appeals of Texas · 2001
  4. Mikeal Wayne Tate v. State, Texas Court of Appeals, 2nd District (Fort Worth)2003
  5. Mikeal Wayne Tate v. State, Texas Court of Appeals, 2nd District (Fort Worth)2003

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