Court of Criminal Appeals of Texas

Ex Parte Dallas Alan Martin, Jr.

February 10, 19881988 Tex. Crim. App. LEXIS 23

Summary

The Texas Court of Criminal Appeals held that the Double Jeopardy Clause, as applied in Burks and Greene, does not bar the use of a prior conviction obtained via a guilty plea to enhance a later sentence, because those cases involve jury trials and the Texas statutory requirement for evidence on guilty pleas is procedural, not constitutional. Accordingly, the Court set aside the earlier order granting relief and denied the applicant's habeas petition.