Jacobs v. State , 578 S.W.3d 532 ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-1360-18
JOSHUA JACOBS, Appellant
v.
THE STATE OF TEXAS
ON THE STATE’S PETITION FOR DISCRETIONARY REVIEW
FROM THE SIXTH COURT OF APPEALS
BOWIE COUNTY
Per curiam.
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.
JACOBS - 2
The Court of Appeals applied the two-pronged test from Prudholm v. State, 333
S.W.3d 590 (Tex. Crim. App. 2011), and Anderson v. State, 394 S.W.3d 531 (Tex. Crim.
App. 2013), to conclude that the two statutes were not “substantially similar.” Jacobs v.
State, 565 S.W.3d 87 (Tex. App. – Texarkana 2018, pet. granted). It therefore reversed the
trial court’s judgment on punishment and remanded for a new punishment hearing. Id.
The State has filed a petition for discretionary review of this decision. We recently
abandoned the second prong of the Prudholm/Anderson test in Fisk v. State, No. PD-1360-
17, 2019 Tex. Crim. App. LEXIS 541 (Tex. Crim. App. June 5, 2019).
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.
DATE DELIVERED: July 24, 2019
PUBLISH