Doby v. State

ON APPELLANT’S MOTION FOR REHEARING

DICE, Commissioner.

Appellant insists that Terry v. State, 149 Tex.Cr.App. 110, 191 S.W.2d 736, supports his contention that the 1953 conviction for passing a forged instrument, used by the state for enhancement, was not a final conviction because the judgment introduced in evidence and reciting that the court accepted his plea of guilty and assessed punishment at five years, contained portions of the printed form applicable to a plea of guilty before a jury which were not deleted.

Terry v. State, supra, is not applicable because, in that case, the sentence…