(DOWNLOAD) "Ex Parte Juan Carlos Pena" by 246, 71,247 Court of Criminal Appeals of Texas Nos. 71 " Book PDF Kindle ePub Free
eBook details
- Title: Ex Parte Juan Carlos Pena
- Author : 246, 71,247 Court of Criminal Appeals of Texas Nos. 71
- Release Date : January 11, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Applicant submitted this pro se application for writ of habeas corpus to this Court pursuant to Art. 11.07, V.A.C.C.P. Applicant
pled guilty to the offenses of aggravated sexual assault, burglary of a habitation, and aggravated robbery. The trial judge
sentenced applicant, as a repeat offender, to 50 years confinement in the Texas Department of Corrections1 for each offense,
the sentences for burglary of a habitation and aggravated robbery to run concurrently with the sentence for aggravated sexual
assault. Applicant claims his convictions for burglary of a habitation and aggravated robbery are illegal because obtained from a
fundamentally defective indictment.2 Specifically, applicant argues these two offenses were misjoined in the indictment
in violation of Penal Code § 3.01, which allowed for the joinder in a single indictment of the repeated commission of any
one property offense (Title 7 offenses in the Penal Code).3 In cause number Cr-555-87-C, applicant was indicted in Count
I for burglary of a habitation, alleged to have been committed on March 23, 1987, accompanied by an enhancement paragraph
alleging applicant had been previously convicted of burglary of a habitation committed on August 22, 1983. In Count II, the
indictment alleges applicant committed aggravated robbery on March 23, 1987, and also includes the same enhancement paragraph.
Applicant was also indicted in cause number CR-549-87-C for aggravated sexual assault, likewise alleging a commission date
of March 23, 1987, and the same enhancement paragraph. Applicant pled guilty to, and was convicted of, all three offenses.
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