Legal Opinion

Williams v. State

Court of Criminal Appeals of Texas

Decided April 16, 1980No. 58174PublishedCited by 20 opinions

1Opinion of the Court

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for aggravated robbery. Punishment, enhanced by two prior felony convictions pursuant to V.T.C.A. Penal Code, Sec. 12.42(d), was assessed at life imprisonment.

We find that the judgment in this case must be reversed, as the appellant contends, because the State failed to prove that the appellant’s second previous felony conviction, used for enhancement, was for an offense committed after the first previous felony conviction became final. Section 12.-42(d), supra, provides:

“If it be shown on the trial of any felony offense that the…

2Cases cited3 opinions

  1. Bray v. StateCourt of Criminal Appeals of Texas · 1976
  2. Hickman v. StateCourt of Criminal Appeals of Texas · 1977
  3. Wiggins v. StateCourt of Criminal Appeals of Texas · 1976

3Cited by20 opinions

  1. Ex Parte MillerCourt of Criminal Appeals of Texas · 2010
  2. Mikel v. State, Texas Court of Appeals, 14th District (Houston)2005
  3. Apple v. StateCourt of Criminal Appeals of Texas · 1983
  4. Bogany v. State, Texas Court of Appeals, 1st District (Houston)1983
  5. Casey v. State, Texas Court of Appeals, 1st District (Houston)1986

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