Ex parte Charles Michael Hill (original by judge hervey)
Annotate this CaseApplicant Michael Hill was convicted of second-degree felony sexual assault of a child and indecency with a child by contact. Based on an enhancement, he was automatically sentenced to life imprisonment for the sexual-assault offense, and his punishment range for the indecency offense was enhanced to that of a first-degree felony. The jury sentenced him to life imprisonment. The Texas Court of Criminal Appeals subsequently vacated Applicant’s enhancing conviction on involuntary-plea grounds. Applicant argued on appeal of his sentence that his enhanced life sentences were illegal and that he should be resentenced. The habeas court recommended that the Court of Criminal Appeals deny relief. The Court concluded Applicant was entitled to be resentenced for aggravated sexual assault but not indecency with a child.
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