Childress v. State

OPINION ON STATE’S AND APPELLANT’S PETITIONS FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of the offense of failure to stop and render aid. Article 6701d, §§ 38 & 40, V.A.C.S. The jury found two enhancement paragraphs “true” and assessed his punishment at sixty years confinement in the Texas Department of Corrections.

On appeal appellant contended that conviction for the offense of failure to stop and render aid was not susceptible to enhancement under the provisions of V.T. C.A. Penal Code, § 12.42(d). On the strength of the panel opinion on original submission in Gutierrez…