Jacobs v. State
Jacobs v. State
Opinion
Appellant was convicted of aggravated sexual assault of a child and, pursuant to Texas Penal Code § 12.42(c)(2)(A)(i) and (B)(v), sentenced to life in prison. He appealed, arguing that the Louisiana conviction used to enhance his punishment was not "substantially similar" to the elements of a Texas offense, as required by the statute.
The Court of Appeals applied the two-pronged test from
Prudholm v. State
,
The State has filed a petition for discretionary review of this decision. We recently
*533
abandoned the second prong of the
Prudholm
/
Anderson
test in
Fisk v. State
,
The Court of Appeals in the instant case did not have the benefit of our opinion in Fisk . Accordingly, we grant the State's petition for discretionary review, vacate the judgment of the Court of Appeals, and remand this case to the Court of Appeals in light of our opinion in Fisk .
Case-law data current through December 31, 2025. Source: CourtListener bulk data.