Fisk v. Texas

Texas Penal Code Section 12.42(c)(2) mandates a life sentence for defendants who are convicted of a listed sex offense and have been previously convicted of an enumerated sex offense. The question this case presented for the Texas Court of Criminal Appeals’ review centered on whether the elements of sodomy with a child as defined by Article 125 of the Uniform Code of Military Justice (UCMJ) were substantially similar to the elements of sexual assault as defined by the Texas Penal Code. The Court granted review to determine whether the two-pronged test for substantial similarity should be amended and, if not, whether the lower court correctly applied it. The Court held the first prong of the test should be applied to the elements of the previous conviction, if proven, and that the second prong of the test should be abandoned View "Fisk v. Texas" on Justia Law