# Davis v. State

> Court of Criminal Appeals of Texas · December 15, 1982 · 642 S.W.2d 510

URL: https://www.frixlaw.com/law-library/cases/9684778

## Case

- **Full name:** Wilbert DAVIS, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 15, 1982
- **Citations:** 642 S.W.2d 510; 1982 Tex. Crim. App. LEXIS 1169
- **Precedential status:** Published
- **Opinion:** Concurring in part by Dally
- **Judges:** Teague, Dally, Davis, Teag-Ue
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9684778

## How later opinions describe it (automated extraction)

- holding that it was not error for the prosecution to state that, “I think there’s evidence beyond any reasonable doubt that the defendant did participate in the offense, that he’s the second person who raped [complaining witness]”

## Opinion text

DALLY, Judge,
concurring and dissenting opinion.
I concur in the result and believe the judgment should be affirmed; however, I do not agree with all of the language used. I dissent to the disposition of the appellant’s sixth ground of error. I do not believe that Article 37.07, V.A.C.C.P. requires the deletion from the information and judgment of the prior conviction language showing the appellant had been charged with theft of an automobile when he was convicted of the lesser included offense of unauthorized use of an automobile. The holding in Fairris v. State, 515 S.W.2d 921 (Tex.Cr.App.1974) is contrary to the holding of the majority in this ease; yet Fairris v. State, supra, is not overruled by the majority. I believe Fairris v. State, supra, is correct and the opinion here is incorrect.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9684778. Public record. Not legal advice.