Schmeideberg v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

WOODLEY, Presiding Judge.

Our prior opinion affirming the conviction is withdrawn.

The indictment alleged the offense of robbery by assault and for enhancement of punishment alleged two prior convictions.

The jury found appellant guilty of the primary offense of robbery and the defendant elected to have the same jury assess the punishment.

The jury, being authorized by the court’s charge to do so, found that appellant had been convicted “of the offense of burglary as alleged in paragraph 2 of the indictment,” and assessed his punishment “as prescribed by…