Duplechin v. State

OPINION ON COURT’S MOTION FOR PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted of aggravated assault. Punishment was mandatorily assessed at life.1 Appellant’s conviction was originally affirmed by the Twelfth Court of Appeals in Tyler. The Court of Appeals refused to review appellant’s grounds of error, holding that appellant had failed to preserve error. Duplechin v. State, 654 S.W.2d 20 (Tex.App.1983). Appellant alleged that he was erroneously punished as a habitual criminal insofar as one of the convictions used for enhancement was premised on a fundamentally defective indictment.…