Holoman v. Texas (original by judge yeary)
Annotate this CaseAppellant Harold Holoman was convicted by jury of misdemeanor assault. The trial judge allowed the State, at the punishment phase of trial, to prove an otherwise-elemental prior conviction that caused Appellant to be convicted of a third degree felony and subject to that felony range of punishment. Appellant argued on appeal that, because the jury found him guilty of a misdemeanor, it was too late for the State to prove that kind of a fact at the punishment phase. The court of appeals agreed, vacated Appellant’s sentence, and remanded for resentencing within the misdemeanor range. The Texas Court of Criminal Appeals concurred with the court of appeals and affirmed its judgment.
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