Cole v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a variance in the cause number of a prior offense was not fatal when the other information in the indictment was correct.
• holding that variance between cause number alleged, 87954, and cause number proved, 87594, not material because no evidence of prejudicial surprise
• holding that transpositional error in cause number of prior conviction alleged in enhancement paragraph did not create fatal variance between indictment and proof at trial because paragraph described prior conviction as felony, exact nature of offense as theft, and date and court of conviction
• where indictment alleged cause no. 87954 and proof referred to cause number 87594, no fatal variance
• before the sufficiency of allegations in an enhancement paragraph may be challenged on appeal, the defendant must have moved, in the trial court, to quash the enhancement provision in the indictment
• ―In alleging a prior conviction for enhancement of punishment the allegations should include the court in which the conviction was obtained, the time of the conviction and the nature of the offense.‖

Source: CourtListener parenthetical corpus (CC0).

Cited by

81 cases in this archive cite this case; the 20 most cited are listed.

• Human v. State
  Court of Criminal Appeals of Texas· 1988-03-16· cited 206×
• Robinson v. State
  Court of Criminal Appeals of Texas· 1987-09-16· cited 150×
• Freda v. State
  Court of Criminal Appeals of Texas· 1986-02-12· cited 146×
• Santana v. State
  Court of Criminal Appeals of Texas· 2001-10-31· cited 111×
• Hall v. State
  Court of Criminal Appeals of Texas· 1980-12-10· cited 65×
• Williams v. State
  Tex. App. Ct., 14th Dist. (Houston)· 1998-11-18· cited 63×
• Patterson v. State
  Court of Appeals of Texas· 1987-01-14· cited 60×
• Ex Parte Bailey v. State
  Court of Criminal Appeals of Texas· 2002-10-09· cited 49×
• Straughter v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1990-12-27· cited 46×
• Brooks v. State
  Tex. App. Ct., 14th Dist. (Houston)· 1996-04-25· cited 30×
• Brazier v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1988-03-17· cited 27×
• Rodriguez v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2000-12-14· cited 24×
• Barrett v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 1995-05-03· cited 23×
• Blevins v. State
  Tex. App. Ct., 13th Dist.· 1984-05-17· cited 22×
• Benton v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1989-05-11· cited 22×
• Fitzgerald v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 1987-01-15· cited 21×
• Mahavier v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1982-12-01· cited 21×
• Davis v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1984-12-27· cited 17×
• Davy v. State
  Court of Appeals of Texas· 2017-05-05· cited 17×
• Brown v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1985-05-16· cited 16×

Cites

31 cases in this archive are cited by this case; the 20 most cited are listed.

• Hollins v. State
  Court of Criminal Appeals of Texas· 1978-10-11· cited 160×
• Baity v. State
  Court of Criminal Appeals of Texas· 1970-04-22· cited 117×
• Lyons v. State
  Court of Criminal Appeals of Texas· 1965-03-24· cited 90×
• Plessinger v. State
  Court of Criminal Appeals of Texas· 1976-05-12· cited 71×
• Howell v. State
  Court of Criminal Appeals of Texas· 1978-04-12· cited 66×
• Wood v. State
  Court of Criminal Appeals of Texas· 1974-06-26· cited 59×
• Coleman v. State
  Court of Criminal Appeals of Texas· 1979-02-28· cited 57×
• Morman v. State
  Court of Criminal Appeals of Texas· 1934-11-07· cited 53×
• Brown v. State
  Court of Criminal Appeals of Texas· 1975-05-21· cited 43×
• Bray v. State
  Court of Criminal Appeals of Texas· 1976-01-21· cited 41×
• Cooper v. State
  Court of Criminal Appeals of Texas· 1973-11-07· cited 37×
• Hernandez v. State
  Court of Criminal Appeals of Texas· 1975-12-10· cited 31×
• Teamer v. State
  Court of Criminal Appeals of Texas· 1977-10-26· cited 30×
• Rooks v. State
  Court of Criminal Appeals of Texas· 1978-10-25· cited 30×
• Hunnicutt v. State
  Court of Criminal Appeals of Texas· 1975-05-21· cited 23×
• Arce v. State
  Court of Criminal Appeals of Texas· 1977-06-14· cited 23×
• Adams v. State
  Court of Criminal Appeals of Texas· 1974-10-09· cited 21×
• Corley v. State
  Court of Criminal Appeals of Texas· 1953-01-28· cited 20×
• Bevins v. State
  Court of Criminal Appeals of Texas· 1967-12-13· cited 20×
• Lewis v. State
  Court of Criminal Appeals of Texas· 1980-02-06· cited 20×