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LOPEZ v. STATE

Nos. PD-1124-07, PD-1125-07.

253 S.W.3d 680 (2008)

Osvaldo LOPEZ, Jr., Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

May 14, 2008.

Attorney(s) appearing for the Case

Frederick T. Dunbar, Abilene, for Appellant.

Billy John Edwards, District Attorney, Anson, Jeffrey L. Van Horn, Austin, for State.

KELLER, P.J., delivered the opinion of the unanimous Court.

Texas Penal Code § 12.45 permits a defendant (with the prosecutor's consent) to admit guilt of an unadjudicated extraneous offense, have that offense taken into account by the trial court in sentencing on the primary offense, and thereafter bar any future prosecution for that extraneous offense.1 In a prior prosecution, appellant and the State followed this procedure, and...

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