Court of Criminal Appeals of Texas

Eric Simon Pelache, Appellant v. the State of Texas

November 3, 20102010 Tex. Crim. App. LEXIS 1358

Summary

The Texas Court of Criminal Appeals held that the State’s April 23, 2008 notice of intent to enhance appellant’s sentence satisfied federal due‑process requirements. Accordingly, the appellant’s due‑process rights were not violated and the enhanced second‑degree felony sentence was upheld. The Court reversed the lower appellate court’s decision and remanded for further proceedings consistent with this holding.