Benton v. State

OPINION

O’CONNOR, Justice.

A jury found appellant guilty of burglary, found two enhancement paragraphs true, and assessed punishment at 55 years confinement.

In his only point of error, appellant contends there is a fatal variance between the enhancement allegations and the State’s proof at trial. Because of an error in the date of the second enhancement allegation, he argues the jury’s finding of true to the enhancement paragraphs violated Tex.Penal Code Ann. sec. 12.42(d) (Vernon Supp. 1989).

Section 12.42(d) permits the State to classify defendant as a habitual felony offender if it can prove…