Court of Criminal Appeals of Texas

Jose Pena, Appellant v. the State of Texas

April 26, 20062006 Tex. Crim. App. LEXIS 832

Summary

The Court of Criminal Appeals vacated the Court of Appeals' judgment and remanded because the appellate court erred by deciding a novel Texas constitutional issue without giving the parties notice and an opportunity to brief the issue. The majority held that appellate courts must afford such briefing when addressing unassigned constitutional errors.