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 reversed and remanded for a new trial, holding that the jury’s verdict of felony theft was supported by the evidence and that a prior burglary conviction used to enhance the sentence must be set aside because the appellant was indigent and unrepresented at sentencing. Accordingly, the enhancement paragraph alleging Cause No. 6047 was dismissed. Justice Clinton, concurring, urged that the Court overrule Smith v. State and its progeny.