Court of Criminal Appeals of Texas
Gabriel Lemell Prudholm, Appellant v. the State of Texas
March 16, 20112011 Tex. Crim. App. LEXIS 389
Summary
The Court held that California sexual battery is not substantially similar to either Texas sexual assault or aggravated kidnapping for purposes of the repeat‑offender enhancement under Penal Code §12.42(c)(2). Accordingly, the life‑sentence enhancement was improper and the Court affirmed the Court of Appeals judgment, remanding for further sentencing.