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eBook details

• Title: Ieppert v. State
• Author : In the Court of Appeals for the First District of Texas
• Release Date : January 11, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

According to judgments entered in the trial court, appellant was convicted of aggravated sexual assault in four cases consolidated for prosecution. His punishment was assessed at confinement in the penitentiary for terms of 49, 40, 22, and 15 years. On appeal he claimed that these convictions were barred by the ex post facto clauses of the Texas and United States Constitutions because the statute under which he was prosecuted had not yet been enacted at the time of his allegedly criminal conduct. Tex. Const. art. I, Section(s) 16; U.S. Const. art. I, Section(s) 10. The Court of Appeals did not reach the merits of this claim, however, holding instead that appellant forfeited the right to complain of it on appeal because he did not first raise it in the trial court. Ieppert v. State, Nos. 05-92-00084-CR, 05-92-00085-CR, 05-00087-CR, 05- 00088-CR (Tex. App. -- Dallas, delivered 4/30/92). We granted discretionary review to decide whether prosecution for conduct which was not illegal when committed is a forfeitable irregularity of the trial process. We hold that it is not.

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