Legal Opinion

Ex parte Smith

Court of Criminal Appeals of Texas

Decided June 5, 1985No. 69456PublishedCited by 4 opinions

1Opinion of the Court

OPINION

2Per curiam

This is an application for post-conviction habeas corpus pursuant to Art. 11.07, V.A. C.C.P.

Applicant contends that the State was barred from prosecuting him in Cause No. 5937 in the 36th District Court of San Pa-tricio County after the trial court had dismissed such cause because it was taken into account while an unadjudicated offense in determining punishment in another cause pursuant to V.T.C.A. Penal Code, Sec. 12.45.1

The facts appear to be undisputed. On February 23, 1981, in a bench trial before the 36th District Court of San Patricio County, applicant entered a plea of guilty…

3Cases cited4 opinions

  1. Garcia v. DialCourt of Criminal Appeals of Texas · 1980
  2. Ex Parte FridayCourt of Criminal Appeals of Texas · 1977
  3. Haley v. LewisCourt of Criminal Appeals of Texas · 1980
  4. Ex parte ChisenaCourt of Criminal Appeals of Texas · 1981

4Cited by4 opinions

  1. Jones, Anthony Wayne v. State, Texas Court of Appeals, 7th District (Amarillo)2001
  2. Myers v. StateCourt of Appeals of Texas · 1986
  3. State v. Mauricio Celis, Texas Court of Appeals, 13th District2015
  4. Woods, Alvin CharlesCourt of Criminal Appeals of Texas · 2016

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