Russell v. State

The record reflects that the jury convicted Allen Scott Russell, henceforth appellant, of aggravated robbery, a first degree felony. Punishment, enhanced with one prior conviction for the offense of felony escape,1 was assessed by the jury at 99 years’ confinement in the Department of Corrections.2

On direct appeal to the Eastland Court of Appeals, appellant asserted, inter alia, that the State failed to prove that the alleged prior felony conviction of escape had become final. The State agreed with appellant’s contention, which is understandable given the fact that the sentence that pertains…