Court of Criminal Appeals of Texas

In a conviction of defendant for second-degree felony offense of robbery, court of appeals' reversal of trial court's sentence concluding that defendant's due process rights were violated when his sentence was enhanced with the aggravated robbery conviction, is reversed and remanded where: 1) defendant's federal constitutional due process rights were not violated as the indictment contained an enhancement "count" alleging that defendant had previously been convicted of an aggravated robbery, which made defendant subject to a first-degree felony punishment range of five to 99 years or life with a possible fine not to exceed $10,000; and 2) when defendant rejected the state's plea-bargain offer, he had actual notice that the state would seek to enhance his sentence with at least one prior conviction.

Appellate Information

• Decided 11/03/2010
• Published 11/03/2010

Judges

• Hervey

Court

• Court of Criminal Appeals of Texas

Counsel