Court of Criminal Appeals of Texas

Ex Parte Joseph Edward Murchison

January 18, 19781978 Tex. Crim. App. LEXIS 1000

Summary

The Texas Court of Criminal Appeals granted the petitioner's habeas corpus application, holding that the first prior felony conviction was not final for sentencing enhancement because no revocation of probation was proven, and that the second prior felony (theft) was not the same offense or of the same nature as assault with intent to commit rape. Accordingly, the life sentence was deemed a due‑process violation and the case was remanded for further proceedings.