Legal Opinion
Ex Parte Rich
Court of Criminal Appeals of Texas
Decided June 7, 2006No. AP-75,112PublishedCited by 291 opinions
1Opinion of the Court 1
*510 OPINION
2Opinion of the Court · MeyersMeyers, J.
in which PRICE, KEASLER, HERVEY, and HOLCOMB, JJ, joined.
The issue we decide today is whether Applicant should be allowed to raise a claim of illegal sentence based on an improper enhancement for the first time on a writ of habeas corpus, or whether such claim is forfeited by: 1) Applicant’s failure to raise it on direct appeal; or 2) Applicant’s plea of true to such enhancements during the plea proceedings. We conclude that Applicant may raise such a claim and that, in this case, he is entitled to relief.
Facts
Applicant David Alan Rich1 was charged with felony driving while…
3Cases cited28 opinions
- Jackson v. StateCourt of Criminal Appeals of Texas · 1984
- Robinson v. StateCourt of Criminal Appeals of Texas · 2000
- Mizell v. StateCourt of Criminal Appeals of Texas · 2003
- Ex Parte YbarraCourt of Criminal Appeals of Texas · 2004
- Ex Parte SeidelCourt of Criminal Appeals of Texas · 2001
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4Cited by291 opinions
- Ex Parte ChavezCourt of Criminal Appeals of Texas · 2006
- Burt, Lemuel CarlCourt of Criminal Appeals of Texas · 2013
- Parrott, Ex Parte Jimmie Mark Jr.Court of Criminal Appeals of Texas · 2013
- Ex parte FournierCourt of Criminal Appeals of Texas · 2015
- Ex parte PueCourt of Criminal Appeals of Texas · 2018
286 more not listed; retrieve them via the Exa API.