Legal Opinion

Houston Madison Wisenbaker v. State

Texas Court of Appeals, 3rd District (Austin)

Decided August 11, 1993No. 03-91-00443-CRPublished

1Opinion of the Court

Wisenbaker - final

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN

NO. 3-91-443-CR

HOUSTON MADISON WISENBAKER,

APPELLANT

vs.

THE STATE OF TEXAS,

APPELLEE

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT

NO. 101,819, HONORABLE BOB JONES, JUDGE PRESIDING

A jury found Houston Madison Wisenbaker guilty of the failure to remit motor fuel taxes and assessed punishment, enhanced by prior felony convictions, at seventeen years' imprisonment and a $10,000 fine. Finding error during the punishment phase, we will reverse the judgment and remand the cause for a new hearing on punishment.

2Cases cited30 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  3. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  4. Griffin v. StateCourt of Criminal Appeals of Texas · 1981
  5. Thomas v. StateCourt of Criminal Appeals of Texas · 1981

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