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JORDAN v. STATE

No. PD-973-06.

256 S.W.3d 286 (2008)

Elmer Ray JORDAN, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

June 18, 2008.

Attorney(s) appearing for the Case

David M. Wacker, Denton, for Appellant.

Kathleen A. Walsh, Asst. Criminal District Atty., Denton, for State.

OPINION

KEASLER, J., delivered the opinion of the Court in which MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

The court of appeals held that the application of a harm analysis is not appropriate when the State failed to prove the proper sequence of Jordan's two prior convictions for punishment enhancement purposes under the habitual felony-enhancement statute.

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