Prudholm v. State
2011 Tex. Crim. App. LEXIS 389
| Tex. Crim. App. | 2011Background
- Appellant Prudholm convicted in Harris County for compelling prostitution and sexual assault of a child.
- Prior California conviction: sexual battery under Cal. Penal Code § 243.4.
- Section 12.42(c)(2) enhances to life if prior qualifying offense exists or its substantially similar foreign offense.
- State asserted California sexual battery has substantially similar elements to Texas sexual assault or aggravated kidnapping.
- Court of Appeals sided with Prudholm; Texas Court granted discretionary review to resolve substantial similarity.
- Texas Court holds California sexual battery is not substantially similar to either enumerated Texas offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are California sexual battery elements substantially similar to Texas sexual assault elements? | Prudholm argues not substantially similar. | State argues elements are substantially similar. | Not substantially similar. |
| Are California sexual battery elements substantially similar to Texas aggravated kidnapping elements? | Prudholm argues not substantially similar. | State argues substantially similar by some readings. | Not substantially similar. |
Key Cases Cited
- Ex parte White, 211 S.W.3d 316 (Tex.Cr.App. 2007) (applies 'substantially similar' to foreign law for enhancement)
- Griffith v. State, 116 S.W.3d 782 (Tex.Cr.App. 2003) (recognizes 12.42(c)(2) framework and ex post factors)
- Boykin v. State, 818 S.W.2d 782 (Tex.Cr.App. 1991) (statutory construction canon on plain meaning and interpretation)