Lindsey v. State

ALLEN, Justice.

Appellant was charged and convicted under the 1981 amended version of section 21.03 of the Texas Penal Code. See Act of April 30, 1981, ch. 96, § 1, 1981 Tex.Gen. Laws 203 and Act of May 25,1981, ch. 202, § 1, 1981 Tex.Gen.Laws 471, repealed by Act of May 27, 1983, ch. 977, § 3, 1983 Tex.Gen.Laws 5315. 1 The offense, however, occurred before the effective date of that statute and while the 1973 version of the statute was in effect. Appellant contends that prosecution under the amended statute constituted an ex post facto application of that law. We agree and consequently…