Jacobs v. State

Appellant was convicted of aggravated sexual assault of a child and, pursuant to Texas Penal Code § 12.42(c)(2)(A)(i) and (B)(v), sentenced to life in prison. He appealed, arguing that the Louisiana conviction used to enhance his punishment was not "substantially similar" to the elements of a Texas offense, as required by the statute.

The Court of Appeals applied the two-pronged test from Prudholm v. State , 333 S.W.3d 590 (Tex. Crim. App. 2011), and Anderson v. State , 394 S.W.3d 531 (Tex. Crim. App. 2013), to conclude that the two statutes were not "substantially similar." Jacobs v. State ,…