Ex Parte Jordan

Court of Criminal Appeals of Texas

Ex Parte Jordan

879 S.W.2d 61, 1994 Tex. Crim. App. LEXIS 85, 1994 WL 283979

CourtCourt of Criminal Appeals of Texas

DecidedJune 29, 1994

Docket71658

StatusPublished

Cited by6 cases

This text of 879 S.W.2d 61 (Ex Parte Jordan) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Jordan, 879 S.W.2d 61, 1994 Tex. Crim. App. LEXIS 85, 1994 WL 283979 (Tex. 1994).

Pincite

Opinions

OPINION

MILLER, Judge.

This is a post conviction application for writ of habeas corpus filed pursuant to the [62]*62provisions of Art. 11.07, Y.A.C.C.P. Applicant was convicted of theft of property over $10,000 and punishment, enhanced by proof of two prior felony convictions, was assessed at life imprisonment. Applicant’s conviction was affirmed on appeal. Jordan v. State, No. 01-83-0366-CR (Tex.App.—Houston [1st Dist.], delivered October 25,1984, pet. ref'd).

Applicant alleges that he was accorded ineffective assistance of counsel at trial in that his attorney failed to investigate the constitutional validity of a 1959 Louisiana conviction used for enhancement purposes at the punishment phase of his trial. Applicant had previously presented this allegation to this court, claiming that he was indigent and without counsel in the 1959 case, and that he had not waived counsel in the matter. The case was remanded for the trial court to hold a hearing in order to allow applicant to develop his allegations more fully. Specifically, the trial court was ordered to make findings of fact as to whether Applicant was represented by counsel in Louisiana in 1959, whether he was indigent and whether he waived counsel. The trial court was also directed to make further findings of fact and conclusions of law which the court deemed relevant and appropriate to Applicant’s case.

The trial court held a hearing and subsequently recommended that relief be granted. We agree with that recommendation. Relief is granted and appellant’s conviction in cause number 361714-E in the 230th District Court of Harris County is set aside. Copies of this opinion will be sent to the Texas Department of Criminal Justice, Institutional Division.

WHITE, J., dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION

MILLER, Judge.

This is a post conviction application for writ of habeas corpus filed pursuant to the [62]*62provisions of Art. 11.07, Y.A.C.C.P. Applicant was convicted of theft of property over $10,000 and punishment, enhanced by proof of two prior felony convictions, was assessed at life imprisonment. Applicant’s conviction was affirmed on appeal. Jordan v. State, No. 01-83-0366-CR (Tex.App.—Houston [1st Dist.], delivered October 25,1984, pet. ref'd).

Applicant alleges that he was accorded ineffective assistance of counsel at trial in that his attorney failed to investigate the constitutional validity of a 1959 Louisiana conviction used for enhancement purposes at the punishment phase of his trial. Applicant had previously presented this allegation to this court, claiming that he was indigent and without counsel in the 1959 case, and that he had not waived counsel in the matter. The case was remanded for the trial court to hold a hearing in order to allow applicant to develop his allegations more fully. Specifically, the trial court was ordered to make findings of fact as to whether Applicant was represented by counsel in Louisiana in 1959, whether he was indigent and whether he waived counsel. The trial court was also directed to make further findings of fact and conclusions of law which the court deemed relevant and appropriate to Applicant’s case.

The trial court held a hearing and subsequently recommended that relief be granted. We agree with that recommendation. Relief is granted and appellant’s conviction in cause number 361714-E in the 230th District Court of Harris County is set aside. Copies of this opinion will be sent to the Texas Department of Criminal Justice, Institutional Division.

WHITE, J., dissents.

Cite This Page — Counsel Stack

Bluebook (online)

879 S.W.2d 61, 1994 Tex. Crim. App. LEXIS 85, 1994 WL 283979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-jordan-texcrimapp-1994.

Opinions

Related

Cite This Page — Counsel Stack