Sears v. State

In Sears v. State, 91 S.W.3d 451, 454 (Tex. App.--Beaumont 2002, no pet.), the Beaumont court flatly rejected the proposition that the defendant had sufficient notice of the State's intent to use a prior conviction for enhancement purposes because the State had given prior notice of its intent to use that prior conviction for impeachment purposes. Id. The court also rejected the proposition that the defense had adequate notice because the penitentiary packet for the conviction was in the State's file, which defense counsel had reviewed. Id.