Legal Opinion
Ex Parte Sparks
Court of Criminal Appeals of Texas
Decided September 20, 2006No. AP-75,083PublishedCited by 43 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · WomackWomack, J.
The issue is whether post-conviction ha-beas corpus is available when a felony conviction was rendered on a guilty plea when in fact the offense was a misdemean- or. We hold that it is.
The State indicted Sparks for the offense of driving while intoxicated. Such an offense is a Class B misdemeanor 1 unless it is shown that the offender has a previous conviction for a similar offense. A showing of one previous conviction enhances the offense to a Class A misdemeanor; 2 two previous convictions enhance the offense to a felony of the third degree. 3
At the time of Sparks’s offense on May 3,…
3Cases cited6 opinions
- Ex Parte TuleyCourt of Criminal Appeals of Texas · 2003
- Getts v. StateCourt of Criminal Appeals of Texas · 2005
- Smith v. StateCourt of Criminal Appeals of Texas · 2005
- McKenzie v. StateCourt of Criminal Appeals of Texas · 1953
- Ex Parte ArnoldCourt of Criminal Appeals of Texas · 1978
1 more not listed; retrieve them via the Exa API.
4Cited by43 opinions
- Ex parte FournierCourt of Criminal Appeals of Texas · 2015
- Palmberg, Bryan ElliottCourt of Criminal Appeals of Texas · 2016
- State v. WilsonCourt of Criminal Appeals of Texas · 2010
- Ex Parte Jessep, Texas Court of Appeals, 7th District (Amarillo)2009
- Saucedo, Andrew MelchorCourt of Criminal Appeals of Texas · 2019
38 more not listed; retrieve them via the Exa API.