Degay v. State

OPINION

ONION, Judge.

The offense is burglary with intent to commit theft; the punishment, 10 years.

This appellant is the same appellant as in Degay v. State, Tex.Cr.App., 455 S.W.2d 205 this day decided.

On August 13, 1969, the State waived and abandoned the second and third paragraphs alleging prior convictions for enhancement to which action the appellant and his appointed counsel expressly stated they had no objection. The court then permitted such amendment of the indictment.

Thereafter the appellant waived trial by jury, entered a plea of guilty before the court to the primary offense and…