Moton v. State

OPINION

BROWN, Commissioner.

This is an appeal from a conviction for aggravated rape. Appellant was tried before a jury which found him guilty. Punishment was assessed by the trial court at fifty (50) years in the Texas Department of Corrections.

In his first ground of error appellant asserts that the trial court erred in assessing his punishment at fifty years because the court considered testimony concerning two extraneous offenses which were not final convictions.

Appellant timely elected to have the court assess his punishment pursuant to Art. 37.07, V.A.C.C.P. During the punishment phase of…