(DOWNLOAD) "State Tennessee v. David Patrick Pearson" by Supreme Court of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: State Tennessee v. David Patrick Pearson
- Author : Supreme Court of Texas
- Release Date : January 14, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
We granted this application to resolve questions which arose out of the sentencing of the defendant, David Patrick Pearson, after he pled guilty to thirteen criminal offenses. The first was whether the trial courts application of an enhancement factor - created by the 1989 Sentencing Act - to a criminal offense occurring before the Acts effective date violated the ex post facto prohibition of the United States and Tennessee Constitutions. The second issue raised was whether the Court of Criminal Appeals sua sponte application of an enhancement factor to the sentence, which was not found by the trial court, violated the defendants right to procedural due process by depriving him of notice and an opportunity to be heard. The final question was whether the Court of Criminal Appeals erred by dismissing the defendants misdemeanor conviction on the grounds that the trial court lacked subject matter jurisdiction because the statute of limitations had expired.
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