WORTON
v.
ESTELLE, CORRECTIONS DIRECTOR

U.S. | 1976-02-23
No. 75-5998
424 U.S. 926 Supreme Court of the United States (1976) Positive Treatment
Cited by 1 case
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  • Deloney v. W.J. Estelle, Jr., 713 F.2d 1080 (5th Cir. 1983)
    …. This is incorrect. Under Texas law, prior convictions can be used only once for the purposes of enhancing punishment. Ex Parte Montgomery, 571 S.W. 2d 182, 188 (Tex.Cr.App.1978); Carvajal v. State, 529 S.W. 2d 517, (Tex.Cr.App.1975), cert. denied, 424 U.S. 926, 96 S.Ct. 1139, 47 L.Ed.2d 336 (1976). Consequently, if Deloney were convicted on the enhanced felony count, the state would be required, by law, to dismiss any prior convictions used to enhance any other charges pending against him.8 Following conv…

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