Henderson v. State

OPINION

ODOM, Judge.

By per curiam opinion this appeal was dismissed because of an untimely sentence. The statutory requirements have now been properly followed and we reinstate this appeal.

Appellant was convicted by a jury for burglary of a habitation. The punishment, enhanced under V.T.C.A., Penal Code Sec. 12.42(b), was assessed by the jury at thirty years’ imprisonment.

In a ground of error appellant asserts:

“The trial court erred in allowing the use of a prior conviction for enhancement at the punishment stage, said prior conviction being set out in paragraph 2 of the indictment, Cause No.…