Texas v. Le Richardson (Original)
Annotate this CaseAppellee was charged by indictment with multiple counts of intoxication assault stemming from his involvement in a crash that injured the members of a family, one of them severely. The indictment included enhancement paragraphs that incorporated appellee's three convictions in Iowa for the offense of "operating under the influence, unintentionally causing serious injury." Under Iowa law, this offense is an "aggravated misdemeanor." The state appealed the trial court's refusal to let it use the Iowa convictions to enhance the punishment range of the charged offense. The court of appeals dismissed the state's appeal for lack of jurisdiction, and the state petitioned the Supreme Court for review. Upon review, the Court found that the plain language of article 44.01(a)(1) compels the Court to hold that the court of appeals had jurisdiction in this case. Consequently, the Supreme Court reversed the court of appeals and remand this case to that court for consideration of the merits of the state's claim.
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