Ex Parte Russell

OPINION ON STATE’S MOTION FOR REHEARING

MILLER, Judge.

It was decided in this Court’s original opinion that the applicant was entitled to *647relief because one of applicant’s prior convictions introduced at the punishment phase had a fundamentally defective indictment, even though applicant had not objected at trial. The authorities relied on by the majority in the original opinion, Ex parte White, 659 S.W.2d 434 (Tex.Cr.App.1983) and Ex parte Todd, 669 S.W.2d 738 (Tex.Cr.App.1984), both stand for the proposition that a void prior conviction cannot be used to enhance punishment under Penal Code, §…