Legal Opinion

Villescas v. State

Court of Criminal Appeals of Texas

Decided April 5, 2006No. PD-0531-05PublishedCited by 178 opinions

1Opinion of the CourtKeller, P.J.

in which PRICE, WOMACK, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

The question in this case is whether the State’s notice of intent to enhance punishment, given six days before trial began, was timely. We disagree with the Court of Appeals’s analysis, and we therefore reverse its judgment.

I. BACKGROUND

A. Facts

Appellant was indicted for attempted sexual assault. The indictment contained no enhancement allegations. On February 18, 2003, six days before trial, the State filed and served upon appellant a “notice of enhancement,” describing a prior burglary conviction that the State…

2Cases cited8 opinions

  1. Oyler v. BolesSupreme Court of the United States · 1962
  2. Brooks v. StateCourt of Criminal Appeals of Texas · 1997
  3. Ex Parte PattersonCourt of Criminal Appeals of Texas · 1987
  4. Hollins v. StateCourt of Criminal Appeals of Texas · 1978
  5. Sears v. State, Texas Court of Appeals, 9th District (Beaumont)2002

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

3Cited by178 opinions

  1. Parrott, Ex Parte Jimmie Mark Jr.Court of Criminal Appeals of Texas · 2013
  2. Mayfield v. State, Texas Court of Appeals, 6th District (Texarkana)2007
  3. Pelache v. StateCourt of Criminal Appeals of Texas · 2010
  4. Roberson, Crystal YvetteCourt of Criminal Appeals of Texas · 2013
  5. Johnson v. State, Texas Court of Appeals, 7th District (Amarillo)2007

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API