Rodgers v. State

EARL W. SMITH, Justice.

Appellant was indicted for the offense of rape, a second degree felony under Tex.Pen. Code Ann. § 21.02 (1974). The indictment also alleged, for enhancement purposes, one prior and final felony conviction for the offense of burglary of a building. Trial was to a jury, which found appellant guilty of rape. At the punishment phase of the trial, the jury found that appellant had been previously convicted and assessed punishment at confinement in the Texas Department of Corrections for twelve years.

Appellant’s grounds of error are: (1) that the trial court erred by making a…