Legal Opinion

Do, Phi Van

Court of Criminal Appeals of Texas

Decided September 29, 2021No. PD-0556-20Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO.PD-0556-20 PHI VAN DO, Appellant v. THE STATE OF TEXAS ON STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS HARRIS COUNTY NEWELL, J., filed a concurring opinion in which HERVEY, RICHARDSON and MCCLURE, JJ., joined. As I read the Court’s opinion, the Court holds that the State did not “abandon” the “0.15 alcohol concentration” allegation in the information because the State did not take any affirmative action to do Do Concurring — 2 so. The other major issues—whether the “0.15 alcohol concentration” allegation is an…

2Cases cited16 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  4. Neder v. United StatesSupreme Court of the United States · 1999
  5. Alleyne v. United StatesSupreme Court of the United States · 2013

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