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Texas Court of Criminal Appeals Clarifies Interpretation of Aggravating Provisions of Section 22.01(b)(2)(A) and (B), Charging One Provision at Guilt Phase Doesn’t Confer Jurisdiction to Argue Other Provision at Sentencing Phase

Loaded on July 15, 2021 by David Reutter published in Criminal Legal News August, 2021, page 22
Location: Texas.

by David M. Reutter

The Court of Criminal Appeals of Texas held that Texas Penal Code Section 22.01(b)(2)(A) establishes an element of an aggravated crime and not, alternatively, a punishment enhancement.

The Court’s opinion was issued in response to a petition for discretionary review filed by the …

 

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