Legal Opinion

Thomas v. State

Court of Criminal Appeals of Texas

Decided October 31, 1979No. 58424PublishedCited by 6 opinions

1Opinion of the Court

OPINION

DALLY, Judge.

This is an appeal from the conviction for the offense of burglary; the punishment, enhanced by two prior felony convictions, is imprisonment for life.

The appellant asserts in one of his grounds of error that a prior conviction used to enhance the punishment is void. It appears that he is correct, and therefore the judgment must be reversed.

To enhance the punishment in this case it was alleged that the appellant was convicted in Cause No. 46,383 in the 167th District Court of Travis County for the offense of theft. The indictment in Cause No. 46,383 in pertinent part…

2Cases cited5 opinions

  1. Reynolds v. StateCourt of Criminal Appeals of Texas · 1977
  2. Hickman v. StateCourt of Criminal Appeals of Texas · 1977
  3. Bradley v. StateCourt of Criminal Appeals of Texas · 1978
  4. Ex Parte MathisCourt of Criminal Appeals of Texas · 1978
  5. Ex Parte McCurdyCourt of Criminal Appeals of Texas · 1978

3Cited by6 opinions

  1. Roberto De La Rosa v. James A. Lynaugh, Interim Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1987
  2. Bruce v. State, Texas Court of Appeals, 1st District (Houston)1988
  3. Sanchez v. StateCourt of Appeals of Texas · 1984
  4. Wrighten v. StateCourt of Appeals of Texas · 1985
  5. Ex parte ChildressCourt of Criminal Appeals of Texas · 1980

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