Elmer Ray Jordan, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals affirmed the lower court’s judgment, holding that the appellate court correctly refused to conduct a harmless‑error (harm) analysis because the State failed to prove the required chronological sequence of prior convictions for the habitual‑felony enhancement, making the error not subject to harmless‑error review. The case is remanded for a new punishment hearing. The dissent argues the error should be automatically reversible.