Legal Opinion

Beal v. State

Court of Criminal Appeals of Texas

Decided December 18, 2002No. 0519-01PublishedCited by 46 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · HerveyHervey, J.

in which KELLER, P.J., MEYERS, PRICE, WOMACK, JOHNSON, KEASLER and HOLCOMB, JJ., joined.

Today we settle the question of which date should be used in determining the *795finality of a prior conviction alleged in an indictment for enhancement purposes. We hold that it becomes final when the appellate court issues its mandate affirming the conviction.

Appellant was indicted for committing the offense of possession of a controlled substance with intent to deliver on July 7, 1998. This indictment contained an enhancement paragraph alleging that appellant had previously been convicted of…

3Cases cited5 opinions

  1. Jones v. StateCourt of Criminal Appeals of Texas · 1986
  2. Arbuckle v. StateCourt of Criminal Appeals of Texas · 1937
  3. Goodale v. StateCourt of Criminal Appeals of Texas · 1944
  4. Rener v. StateCourt of Criminal Appeals of Texas · 1967
  5. Beal v. StateCourt of Appeals of Texas · 2001

4Cited by46 opinions

  1. Ex Parte ChandlerCourt of Criminal Appeals of Texas · 2005
  2. Petruccelli v. State, Texas Court of Appeals, 10th District (Waco)2005
  3. Ex Parte WebbCourt of Criminal Appeals of Texas · 2008
  4. Berry v. State, Texas Court of Appeals, 6th District (Texarkana)2005
  5. Henry v. State, Texas Court of Appeals, 14th District (Houston)2011

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