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RUSHING v. STATE

No. PD-0773-10.

353 S.W.3d 863 (2011)

Brandon Gene RUSHING, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

October 5, 2011.

Attorney(s) appearing for the Case

Stephen Christopher Taylor , Conroe, Attorneys for Appellant.

Kaycee L. Jones , Asst. Crim. D.A., Livingston, Lisa C. McMinn , State's Attorney, Austin, Attorneys for State.

OPINION

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

The court of appeals held that Rushing's prior sex-offense convictions under the Uniform Code of Military Justice (UCMJ) qualify as "conviction[s] under the laws of another state," thus requiring an automatic life sentence under Texas Penal Code 12.42(c)(2)(B)(v).1 We agree based on our interpretation of the definition...

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