Davis v. State

EARL W. SMITH, Justice.

Appellant Charles Clinton Davis was in-dieted in the district court of Fayette County, Texas, for the first degree felony offense of burglary of a habitation. Two prior felony convictions were alleged for enhancement purposes. On change of venue to Travis County, trial before a jury was had on the issue of guilt or innocence, and the jury returned a verdict of guilty of the offense charged. At the time appellant entered his plea to the indictment, he did not elect for the jury to assess punishment. The trial judge found that appellant had been duly, legally, and finally…