Court of Criminal Appeals of Texas

Tarence Fletcher, Appellant v. the State of Texas

January 31, 20072007 Tex. Crim. App. LEXIS 97

Summary

The Texas Court of Criminal Appeals reversed the Dallas Court of Appeals and remanded for a new punishment hearing, holding that the State must prove the finality of a prior conviction used for enhancement and that an appellate court may not take judicial notice of its own mandate from another case to satisfy that burden.