Carter v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for burglary, with two prior convictions alleged for the purpose of enhancement under Article 63, Vernon’s Ann.P.C. The jury found the appellant guilty and found the prior convictions to be true as alleged. The court assessed the punishment at the mandatory life sentence.

Appellant alleges that the trial court erred in not prohibiting the use for enhancement purposes of one of the two prior convictions because its use constituted double jeopardy in violation of the Double Jeopardy and Due Process clauses of the United States…