Helton v. State

OPINION

DIES, Chief Justice.

Appellant was convicted by a jury of burglary of a building and sentenced to sixty years confinement in the Texas Department of Corrections which brings this review.

Appellant’s first ground of error contends that the trial court committed error in submitting a charge to the jury on punishment because the prior conviction alleged in the indictment was not a final conviction. When such an averment is made if the conviction was not final, it would have to be shown as a matter of defense which was not done here. Williams v. State, 596 S.W.2d 862 (Tex.Cr.App.1980). This…