Legal Opinion

Alexander v. State

Court of Criminal Appeals of Texas

Decided May 13, 1970No. 42827Published

1Opinion of the Court

OPINION

BELCHER, Judge.

The offense is felony theft enhanced under Art. 63, Vernon’s Ann.P.C.; the punishment, life.

The appellant contends that the two prior felony convictions used to enhance his punishment were void because he was not represented by counsel in violation of Gideon v. Wainwright, 372 U.S. 335, 83 S.*121Ct. 792, 9 L.Ed.2d 799 and Burgett v. Texas, 389 U.S. 109, 114, 88 S.Ct. 258, 19 L.Ed.2d 319.

The appellant challenged the validity of the prior convictions used for enhancement first at a pretrial hearing on a motion to quash the enhancement portions of the indictment, and then at…

2Cases cited7 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Burgett v. TexasSupreme Court of the United States · 1967
  4. Walling v. StateCourt of Criminal Appeals of Texas · 1969
  5. Johnson v. StateCourt of Criminal Appeals of Texas · 1968

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