Blackwell v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for felony theft. The indictment alleged two prior convictions for enhancement purposes under Article 63, Vernon’s Ann.P.C. Punishment was assessed at life.

At the punishment phase of the trial the jury returned two verdicts: one, assessing appellant’s punishment at ten (10) years; the second, finding that appellant had twice been previously convicted of felonies less than capital, as alleged in the indictment. The trial court accepted both verdicts.

In Anaya v. State, Tex.Cr.App., 507 S.W.2d 561, the jury returned two verdicts on…