Court of Criminal Appeals of Texas

Ex Parte Fred F. Alexander

February 13, 19851985 Tex. Crim. App. LEXIS 1214

Summary

The Court of Criminal Appeals of Texas held that the trial court lacked authority to set aside a final felony conviction under Article 11.07, that the subsequent conviction constituted double jeopardy, and that the applicant was not denied effective assistance of counsel nor harmed by the date variance in the information. Accordingly, the second conviction was void and the original five‑year conviction was reinstated.