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Ray Charles Johnson v. State Texas

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eBook details

  • Title: Ray Charles Johnson v. State Texas
  • Author : Supreme Court Of Utah
  • Release Date : January 07, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Appellant, Ray Charles Johnson, was convicted of burglary of a building. After the jury determined that an enhancement allegation was true, it assessed a sentence of sixty years confinement. In addition to assessing a term of imprisonment, the jury, after the trial court submitted a special instruction to it over appellants objection, found that appellant used or exhibited a deadly weapon during the commission of the offense. The conviction was affirmed on appeal by the Waco Court of Appeals in an unpublished opinion. That court held, inter alia, that the State had presented sufficient evidence to prove that appellants prior conviction used for enhancement purposes was final. Moreover, the court of Appeals held that appellant was not entitled to be notified of the States intention to seek an affirmative finding as to appellants use or exhibition of a deadly weapon. We granted appellants petition for discretionary review to determine the correctness of both of these holdings and now reverse.


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