Court of Criminal Appeals of Texas, 1997

Allen v. State

Court of Criminal Appeals of Texas · Decided April 30, 1997 · McCormick, Womack

945 S.W.2d 829; 1997 Tex. Crim. App. LEXIS 24; 1997 WL 210844 (South Western Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Elijah Zavier Finley v. State (Tex. App. 2014)
State v. Walker (Tex. App. 2004)
State v. Walker, Darrell Warren (Tex. App. 2004)
Johnny Calvin Scott v. State (Tex. App. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

Appellant, Robert Lamar Allen, was convicted by Harris County’s 337th District Court of aggravated robbery and sentenced to life imprisonment. Allen v. State, 899 S.W.2d 296, 297 (Tex.App.—Houston [14th Dist.] 1995, pet.granted); see also V.T.C.A., Penal Code, Section 29.03 (Vernon Supp. 1994) (defining offense of aggravated robbery). We granted discretionary review to evaluate the validity of our adoption of the totality of the circumstances test for probable cause determinations in Eisenhauer v. State, 754 S.W.2d 159 (Tex.Cr.App. 1988) after Heitman v. State, 815 S.W.2d 681 (Tex. Cr.App. 1991). However, it now appears that our decision to do so was improvident. Accordingly, the appellant’s petition for discretionary review is dismissed. Texas Rule of Appellant Procedure 202(k).

BAIRD, OVERSTREET and PRICE, JJ., dissent for the reasons stated in the dissenting opinions in Ex parte Ramirez, 919 S.W.2d 435, 436 (Tex.Cr.App. 1996), and *830Houston v. State, 846 S.W.2d 848 (Tex.Cr. App. 1993).

WOMACK, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.