Legal Opinion

Ex Parte Brown

Court of Criminal Appeals of Texas

Decided January 17, 1979No. 59097PublishedCited by 10 opinions

1Opinion of the Court

OPINION

W. C. DAVIS, Judge.

This is a post conviction application for writ of habeas corpus. Article 11.07, V.A.C. C.P.

The petitioner asserts that his present 99-year sentence is void, as his 1960 conviction for assault with intent to rape (which provided for a minimum sentence of two years but no maximum term) was enhanced by a prior conviction for the same offense, pursuant to Article 62 1 of our former Penal Code. His contention was rejected on appeal in Brown v. State, 171 Tex.Cr.R. 167, 346 S.W.2d 842 (1961); however, our subsequent decision of Ex parte Davis, 412 S.W.2d 46…

2Cases cited17 opinions

  1. Moss v. StateCourt of Criminal Appeals of Texas · 1978
  2. Ex Parte DavisCourt of Criminal Appeals of Texas · 1967
  3. Ocker v. StateCourt of Criminal Appeals of Texas · 1972
  4. Ex Parte HillCourt of Criminal Appeals of Texas · 1975
  5. Ex parte ErwinCourt of Criminal Appeals of Texas · 1943

12 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Conrado Vela v. W.J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1983
  2. Ex Parte ElizaldeCourt of Criminal Appeals of Texas · 1980
  3. Ex Parte AdamsCourt of Criminal Appeals of Texas · 1985
  4. Ex parte HunterCourt of Criminal Appeals of Texas · 1981
  5. Humphrey v. McCotterDistrict Court, S.D. Texas · 1987

5 more not listed; retrieve them via the Exa API.

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