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Ex Parte Anthony Chris Drake

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eBook details

  • Title: Ex Parte Anthony Chris Drake
  • Author : Court of Criminal Appeals of Texas
  • Release Date : January 14, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

A jury convicted applicant of two counts of attempted capital murder, Tex. Penal Code Ann. Γƒ‚Γ‚§ 15.01(a), and Γƒ‚Γ‚§ 19.03, and
assessed punishment at twenty-five years confinement on each count. The trial judge ordered the sentences to run consecutively.
Tex. Penal Code Ann. Γƒ‚Γ‚§ 12.32. The Court of Appeals affirmed. Drake v. State, No. 10-83-057-CR (Tex.App.--Waco, delivered
December 22, 1983) (not published). On petition for discretionary review, we affirmed the judgment of the Court of Appeals
in Drake v. State, 686 S.W.2d 935 (Tex.Cr.App. 1985) (plurality opinion). However, we subsequently overruled Drake in Fortune
v. State, 745 S.W.2d 364, 370 (Tex.Cr.App. 1988). In this application for writ of habeas corpus filed pursuant to Tex. Code
Crim. Proc. Ann. art. 11.07, applicant seeks to have one of the convictions set aside contending the two offenses were improperly
joined in the same indictment. For the following reasons, we will grant the requested relief. I.


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