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Justia Daily Opinion Summaries

Texas Court of Criminal Appeals
April 9, 2020

Table of Contents

Ex parte Rodney Rodgers

Constitutional Law, Criminal Law

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Texas Court of Criminal Appeals Opinions

Ex parte Rodney Rodgers

Docket: WR-89,477-01

Opinion Date: April 8, 2020

Judge: Yeary

Areas of Law: Constitutional Law, Criminal Law

Applicant Rodney Rodgers alleged he was illegally sentenced for a felony driving-while-intoxicated (DWI) offense when he should have been sentenced only for a misdemeanor DWI. The Texas Court of Criminal Appeals filed and set this case to determine: (1) whether Applicant was estopped from claiming that his sentence was illegal; and (2) whether the harm analysis the Court has applied to claims of illegal enhancements pursuant to Ex parte Parrott, 396 S.W.3d 531 (Tex. Crim. App. 2013), should extend to enhancements that elevate an offense from a misdemeanor to a felony, also known as jurisdictional enhancements. After review, the Court held Ex parte Parrott applied and that Applicant did not show he was harmed. The Court therefore denied relief on those grounds without addressing whether he was estopped from raising the claim.

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