Court of Criminal Appeals of Texas

A court of appeals ruling finding that, despite a legal error by the trial court at sentencing, an attempt to re-sentence defendant as a habitual offender would be invalid and unconstitutional, is reversed as the Double Jeopardy Clause would not be violated by remanding this case to the trial court for a new hearing on sentencing.

Appellate Information

• Decided 10/31/2007
• Published 10/31/2007

Judges

• WOMACK, J., delivered the opinion of the Court, in which KELLER, P.J., and PRICE, JOHNSON, KEASLER, HERVEY, and COCHRAN, JJ., joined.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Richard C. Mabry, Abilene, for Appellant., Jeffrey L. Van Horn, S.P.A., Matthew Paul, State's Atty., Austin, for State.