Lake v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for possession of heroin wherein punishment was enhanced pursuant to the habitual offender statute, V.T.C.A., Penal Code Sec. 12.42, and assessed at life. Appellant claims error was caused at the trial level by improper voir dire and destruction before trial of the heroin he was alleged to have possessed.

Appellant first complains that the trial court committed error in granting the state’s motion in limine which forbade him from informing the jury that life imprisonment would be mandatory under Penal Code Sec. 12.42 if they found during…