FLETCHER v. STATE

Nos. PD-1809-05, PD-1810-05.

214 S.W.3d 5 (2007)

Tarence FLETCHER, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

January 31, 2007.


Attorney(s) appearing for the Case

Catherine Clare Bernhard, Red Oak, for appellant.

Amy Sue Melo Murphy, Asst. D.A., Dallas, Matthew Paul, State's Attorney, Austin, for state.


OPINION

KEASLER, J., delivered the opinion for a unanimous Court.

At Tarence Fletcher's punishment phase, the State offered evidence of a prior conviction for enhancement purposes. That evidence showed the conviction had been appealed, but did not contain proof that it was final. At the State's request, the court of appeals took judicial notice of the mandate issued in the enhancement conviction, therefore...

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