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.