Court of Criminal Appeals of Texas

Ex Parte David Allen Rich, Applicant

June 7, 20062006 Tex. Crim. App. LEXIS 1068

Summary

The Court held that an inmate may raise a claim of an illegal sentence based on an improper enhancement for the first time on a writ of habeas corpus, even though the claim was not raised on direct appeal and the inmate pleaded true to the enhancement. Accordingly, the judgment was vacated and the case remanded for resentencing. Justice WOMACK, in a concurring opinion, agreed with the latter half of the majority and argued that the claim is analogous to an actual‑innocence claim.