(DOWNLOAD) "Archie Johnson v. State Texas" by Fifth District, Dallas Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Archie Johnson v. State Texas
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 25, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
A jury convicted appellant of unauthorized use of a motor vehicle, found the enhancement allegation to be true, and assessed punishment at confinement in the Texas Department of Corrections for fifteen years. The Court of Appeals for the Second Supreme Judicial District reversed appellants conviction, holding that the State failed to prove a prima facie case as to the validity of the prior conviction used for enhancement. The Court held that the evidence showed a void conviction because it showed appellant was a juvenile and did not show a valid transfer order to the district court. Johnson v. State, 697 S.W.2d 507 (Tex.App. Ft. Worth 1985). We granted the States petition for discretionary review to determine whether the State had the burden of proof to show a valid transfer order in order to prove a prior conviction, or whether appellant had that burden when he collaterally attacked the prior conviction.