Court of Criminal Appeals of Texas
Jack Wayne Cooper, Appellant v. the State of Texas, Appellee
April 21, 19821982 Tex. Crim. App. LEXIS 888
Summary
The Court affirmed Jack Wayne Cooper's conviction for burglary but reduced his sentence from life to the statutory twelve-year term because the State failed to prove the date of a prior conviction required for enhancement. The Court held that insufficient proof of an enhancement precludes a second attempt to prove it, as that would violate double jeopardy. It also found the accomplice's testimony sufficiently corroborated and rejected challenges to identification, occupant presence, jury admonishments, and best‑evidence objections. Two concurring judges joined, emphasizing the double‑jeopardy and constitutional bases for the holding.