Grant v. State

EARL W. SMITH, Justice.

Appellant was indicted for the offense of burglary of a motor vehicle with intent to commit theft, a third degree felony. The indictment also alleged two prior felony convictions for enhancement of punishment. In a jury trial, appellant was convicted of the primary offense. He elected for the court to assess punishment and pleaded “not true” to the alleged prior convictions. Evidence on punishment was heard by the court. The court found the prior felony allegations to be true and, pursuant to Tex. Pen.Code Ann. § 12.42(d) (1974), assessed punishment at confinement in…