Spares v. State

BOYD, Justice.

In this appeal, appellant Harry Jack Spakes attacks his conviction for the offense of escape, a third degree felony. The ensuing punishment, enhanced by virtue of two previous felony convictions, was assessed by the trial jury at sixty (60) years confinement in the Institutional Division of the Texas Department of Criminal Justice. In two points of error, appellant contends the trial court erred in (1) excluding the defense of necessity in its jury charge; and (2) admitting, during the punishment hearing, evidence of a prior conviction which was not shown to be final. For…