Court of Criminal Appeals of Texas
Adolphus Hill, Appellant v. the State of Texas, Appellee
February 24, 1982633 S.W.2d 520
Summary
The Court affirmed the judgment, holding that the evidence was sufficient to support the theft conviction and that a defendant's failure to object at trial to the introduction of a prior conviction bars any later attack on that conviction for enhancement purposes. The Court overruled Smith v. State, declaring that collateral attacks on prior convictions used for enhancement are prohibited when no timely objection was made. The decision also clarifies that the appellate court may not consider a habeas corpus challenge to a prior conviction while the direct appeal is pending. Justice Clinton, in a concurring separate opinion, emphasizes the policy reasons for overruling Smith and concurs in the judgment.