Legal Opinion

Gray v. State

Texas Court of Appeals, 13th District

Decided March 18, 2004No. 13-02-367-CRPublishedCited by 8 opinions

1Opinion of the Court

OPINION

Opinion by

Justice BAIRD.

Appellant was charged in a four count indictment with the offenses of intoxication manslaughter and aggravated assault. The indictment alleged two prior convictions for the purpose of enhancing the range of punishment. A jury convicted appellant of each offense. However, the State elected to proceed only on counts I and IV at the punishment phase. The jury found the enhancement allegations true and assessed punishment on each count at fifty years in the Texas Department of Criminal Justice Institutional Division. We sustain the first point of error and reverse…

2Cases cited23 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Arizona v. FulminanteSupreme Court of the United States · 1991
  3. Duncan v. LouisianaSupreme Court of the United States · 1968
  4. Sullivan v. LouisianaSupreme Court of the United States · 1993
  5. Tumey v. OhioSupreme Court of the United States · 1927

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3Cited by8 opinions

  1. Gray v. StateCourt of Criminal Appeals of Texas · 2005
  2. Gray v. StateCourt of Criminal Appeals of Texas · 2007
  3. Miles v. State, Texas Court of Appeals, 14th District (Houston)2005
  4. Gray v. State, Texas Court of Appeals, 13th District2005
  5. Gray, RobertCourt of Criminal Appeals of Texas · 2007

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