Court of Criminal Appeals of Texas
Ex Parte James Robert Augusta.
October 6, 19821982 Tex. Crim. App. LEXIS 1063
Summary
The Court granted James Robert Augusta's habeas corpus petition, setting aside his life sentence and ordering a new trial on both guilt and punishment. It held that the Double Jeopardy Clause, both federal and Texas, bars a second attempt to prove habitual criminal enhancements when the first hearing lacked sufficient evidence, and that Bullington v. Missouri applies retroactively. The Court also concluded that the current penal code provides no mechanism to reform the life sentence, necessitating a new trial.