Acosta v. State

We are here presented with a burden of proof question relating to the allegations of two prior non-capital felony convictions from California.

The escape conviction with punishment enhanced by the two prior convictions were reversed by the Corpus Christi Court of Appeals holding that the prior California convictions were not properly utilized to enhance punishment since the felony convictions were based on informations, not indictments, and the State failed to show a waiver of indictment in these California cases, the law being presumed to be the same in California as Texas in absence of a…