Caldwell v. State

HALL, Justice.

Appellant was convicted by a jury of the felony offense of theft. Enhanced by a prior felony conviction for theft, punishment was assessed by the jury at confinement in the Texas Department of Corrections for a term of ten years.

In his first three grounds of error, appellant contends this conviction should be reversed because the previous conviction used to enhance was void due to various alleged fundamental defects in the prior conviction indictment. These defects were not raised at the trial. The indictment complained of is not included in the record on appeal that the clerk…