Legal Opinion
Rushing, Brandon Gene
Court of Criminal Appeals of Texas
Decided October 5, 2011No. PD-0773-10PublishedCited by 16 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KeaslerKeasler, J.
The court of appeals held that Rushing’s prior sex-offense convictions under the Uniform Code of Military Justice (UCMJ) qualify as “conviction[s] under the laws of another state,” thus requiring an automatic life sentence under Texas Penal Code 12.42(c)(2)(B)(v). 1 We agree based on our interpretation of the definition of “state” in Texas Government Code Section 311.005(7). We therefore affirm the court of appeals’s judgment.
Background
A jury convicted Rushing of the first degree felony offense of aggravated sexual assault of a child, committed in 2006, in addition to other sex…
3Cases cited6 opinions
- Boykin v. StateCourt of Criminal Appeals of Texas · 1991
- Grunsfeld v. StateCourt of Criminal Appeals of Texas · 1992
- Solorio v. United StatesSupreme Court of the United States · 1987
- Lopez v. StateCourt of Criminal Appeals of Texas · 2008
- State v. VasilasCourt of Criminal Appeals of Texas · 2006
1 more not listed; retrieve them via the Exa API.
4Cited by16 opinions
- Vela, KennethCourt of Criminal Appeals of Texas · 2015
- Fisk v. StateCourt of Criminal Appeals of Texas · 2019
- In re PerkinsCourt of Appeals of Texas · 2016
- Fisk v. StateCourt of Appeals of Texas · 2017
- Armando Hernandez v. State, Texas Court of Appeals, 3rd District (Austin)2015
11 more not listed; retrieve them via the Exa API.