second sentencing hearing (Texas) · Go Syfert
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second sentencing hearing in Texas

8 Texas opinions name it 2 courts 1993–2023 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (22)

CaseFollowedCited
Bell v. Stategreen
texcrimapp · 1999 · cited in 3 Texas opinions naming this issue, 2009–2010
2 sentences

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant’s successful appeal”); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). .Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex.Cri

33
Monge v. Californiagreen
scotus · 1998 · cited in 3 Texas opinions naming this issue, 2009–2010
2 sentences

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant’s successful appeal”); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). .Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex.Cri

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant’s successful appeal”); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). .Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex.Cri

33
Sanabria v. United Statesgreen
scotus · 1978 · cited in 2 Texas opinions naming this issue, 2007–2007
2 sentences

2007This second attempt at sentencing violated Appellant’s rights under the Double Jeopardy Clause. [Footnote 9:] See Arizona v. Rumsey, 467 U.S. 203, 211 , 104 S.Ct. 2305 , 81 L.Ed.2d 164 (1984) (a trial court’s imposition of a life sentence, based on its incorrect finding that, as a matter of law, robbery did not amount to an aggravating circumstance warranting the death penalty, barred the imposition of the greater sentence of death upon resentencing); Sanabria v. United States, 437 U.S. 54, 64 , 98 S.Ct. 2170 , 57 L.Ed.2d 43 (1978) (even mistaken or “egregiously erroneous” legal rulings that l

2007This second attempt at sentencing violated Appellant’s rights under the Double Jeopardy Clause. [Footnote 9:] See Arizona v. Rumsey, 467 U.S. 203, 211 , 104 S.Ct. 2305 , 81 L.Ed.2d 164 (1984) (a trial court’s imposition of a life sentence, based on its incorrect finding that, as a matter of law, robbery did not amount to an aggravating circumstance warranting the death penalty, barred the imposition of the greater sentence of death upon resentencing); Sanabria v. United States, 437 U.S. 54, 64 , 98 S.Ct. 2170 , 57 L.Ed.2d 43 (1978) (even mistaken or “egregiously erroneous” legal rulings that l

12
Arizona v. Rumseygreen
scotus · 1984 · cited in 2 Texas opinions naming this issue, 2007–2007
2 sentences

2007This second attempt at sentencing violated Appellant’s rights under the Double Jeopardy Clause. [Footnote 9:] See Arizona v. Rumsey, 467 U.S. 203, 211 , 104 S.Ct. 2305 , 81 L.Ed.2d 164 (1984) (a trial court’s imposition of a life sentence, based on its incorrect finding that, as a matter of law, robbery did not amount to an aggravating circumstance warranting the death penalty, barred the imposition of the greater sentence of death upon resentencing); Sanabria v. United States, 437 U.S. 54, 64 , 98 S.Ct. 2170 , 57 L.Ed.2d 43 (1978) (even mistaken or “egregiously erroneous” legal rulings that l

2007This second attempt at sentencing violated Appellant’s rights under the Double Jeopardy Clause. [Footnote 9:] See Arizona v. Rumsey, 467 U.S. 203, 211 , 104 S.Ct. 2305 , 81 L.Ed.2d 164 (1984) (a trial court’s imposition of a life sentence, based on its incorrect finding that, as a matter of law, robbery did not amount to an aggravating circumstance warranting the death penalty, barred the imposition of the greater sentence of death upon resentencing); Sanabria v. United States, 437 U.S. 54, 64 , 98 S.Ct. 2170 , 57 L.Ed.2d 43 (1978) (even mistaken or “egregiously erroneous” legal rulings that l

12
Schaetzle v. Cockrellgreen
ca5 · 2003 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

11
Ex Parte Carriogreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010It is simply not plausible to believe that the jury convicted applicant of murder because of the quality or quantity of the character witnesses. [31] Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 ; Tong v. State, 25 S.W.3d at 707, 712 (Tex.Crim.App.2000); Scheanette v. State, 144 S.W.3d 503, 510 (Tex.Crim.App.2004). [32] Presumably this was an enhancement paragraph alleging the 1972 heroin conviction. [33] Ex parte Carrio, 992 S.W.2d 486, 488 (Tex. Crim.App.1999). [34] Double-jeopardy principles do not bar the State from proving applicant's status as an habitual offender at a second sentencing

11
Scheanette v. Stategreen
texcrimapp · 2004 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010It is simply not plausible to believe that the jury convicted applicant of murder because of the quality or quantity of the character witnesses. [31] Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 ; Tong v. State, 25 S.W.3d at 707, 712 (Tex.Crim.App.2000); Scheanette v. State, 144 S.W.3d 503, 510 (Tex.Crim.App.2004). [32] Presumably this was an enhancement paragraph alleging the 1972 heroin conviction. [33] Ex parte Carrio, 992 S.W.2d 486, 488 (Tex. Crim.App.1999). [34] Double-jeopardy principles do not bar the State from proving applicant's status as an habitual offender at a second sentencing

11
David A. Gray v. James Greergreen
ca7 · 1986 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

11
Smith v. Robbinsgreen
scotus · 2000 · cited in 1 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant’s successful appeal”); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). .Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex.Cri

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant’s successful appeal”); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). .Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex.Cri

11
Ex Parte Santanagreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant’s successful appeal”); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). .Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex.Cri

11
Patterson v. Stategreen
texapp · 1987 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

11
Tong v. Stategreen
texcrimapp · 2000 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010It is simply not plausible to believe that the jury convicted applicant of murder because of the quality or quantity of the character witnesses. [31] Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 ; Tong v. State, 25 S.W.3d at 707, 712 (Tex.Crim.App.2000); Scheanette v. State, 144 S.W.3d 503, 510 (Tex.Crim.App.2004). [32] Presumably this was an enhancement paragraph alleging the 1972 heroin conviction. [33] Ex parte Carrio, 992 S.W.2d 486, 488 (Tex. Crim.App.1999). [34] Double-jeopardy principles do not bar the State from proving applicant's status as an habitual offender at a second sentencing

11
Moore v. Stategreen
texapp · 1991 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

11
Hickman v. Stategreen
texcrimapp · 1977 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

11
Jordan v. Stategreen
texcrimapp · 2008 · cited in 1 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

11
Williams v. Stategreen
texcrimapp · 1980 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

11
Stallings v. United Statesgreen
ca7 · 2008 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

11
Tomlin v. Stategreen
texcrimapp · 1987 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

11
Ex Parte Daiglegreen
texcrimapp · 1993 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

11
Valdez v. Stategreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

11
McCrary v. Stategreen
texcrimapp · 1980 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

11
Evitts v. Luceygreen
scotus · 1985 · cited in 1 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Bingham v. Stategreen
texcrimapp · 1975 · cited in 1 Texas opinions naming this issue, 1993–1993
2 sentences

1993But see Bingham v. State, 523 S.W.2d 948, 949 (Tex.Crim.App.1975) (presumption of vindictiveness applied where a different judge, who was aware of the proceedings incident to the first sentence, sentenced defendant on retrial); In McCullough the Supreme Court noted: Pearce itself apparently involved different judges presiding over the two trials, a fact that has lead some courts to conclude by implication that the presumption of vindictiveness applies even where different sentencing judges are involved.

1993But see Bingham v. State, 523 S.W.2d 948, 949 (Tex.Crim.App. 1975) (presumption of vindictiveness applied where a different judge, who was aware of the proceedings incident to the first sentence, sentenced defendant on retrial); In McCullough the Supreme Court noted: Pearce itself apparently involved different judges presiding over the two trials, a fact that has lead some courts to conclude by implication that the presumption of vindictiveness applies even where different sentencing judges are involved.

11

Also cited on this issue (4)

CaseCitedYears
Smith v. State green
texcrimapp · 2009
1 sentence

2023Id. at 344 .

12023–2023
State v. Wooldridge green
texcrimapp · 2007
1 sentence

2021Id. at 397 n.8.

12021–2021
Strickland v. Washington green
scotus · 1984
2 sentences

2010It is simply not plausible to believe that the jury convicted applicant of murder because of the quality or quantity of the character witnesses. [31] Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 ; Tong v. State, 25 S.W.3d at 707, 712 (Tex.Crim.App.2000); Scheanette v. State, 144 S.W.3d 503, 510 (Tex.Crim.App.2004). [32] Presumably this was an enhancement paragraph alleging the 1972 heroin conviction. [33] Ex parte Carrio, 992 S.W.2d 486, 488 (Tex. Crim.App.1999). [34] Double-jeopardy principles do not bar the State from proving applicant's status as an habitual offender at a second sentencing

2010It is simply not plausible to believe that the jury convicted applicant of murder because of the quality or quantity of the character witnesses. [31] Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 ; Tong v. State, 25 S.W.3d at 707, 712 (Tex.Crim.App.2000); Scheanette v. State, 144 S.W.3d 503, 510 (Tex.Crim.App.2004). [32] Presumably this was an enhancement paragraph alleging the 1972 heroin conviction. [33] Ex parte Carrio, 992 S.W.2d 486, 488 (Tex. Crim.App.1999). [34] Double-jeopardy principles do not bar the State from proving applicant's status as an habitual offender at a second sentencing

12010–2010
Patterson v. State green
texcrimapp · 1989
1 sentence

2010See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex

12010–2010

Statutes the citing opinions construe

TX § Tex. Penal Code § 12.42 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 62 (1987–2026) OR 28 (2008–2009) AL 24 (1985–2013) PA 15 (1992–2026) IL 15 (1981–2025) TN 8 (1985–2011) TX 8 (1993–2023) FL 6 (1982–2009) LA 5 (1988–2024) CA 5 (2012–2025) NC 5 (1988–2024) NJ 3 (1990–2021) ND 3 (2019–2019) NV 3 (2011–2011) MD 3 (1989–2001) ID 3 (1981–2010) WI 3 (2006–2026) IN 2 (1999–2020) MI 2 (2026–2026) WY 2 (1983–2005) NM 2 (1990–1993) UT 2 (1991–2004) SD 2 (1992–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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