Alvarez v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for sale of heroin where the punishment, enhanced under the provisions of Article 63, Vernon’s Ann.P.C., was assessed at life.

The appellant contends the trial court fundamentally erred in imposing a life sentence pursuant to Article 63, V.A.C.P., because the allegations in the indictment as to the two prior convictions were not sufficient to authorize the utilization of such convictions to enhance punishment in connection with the primary offense of which he was convicted.

The first count contained in the first paragraph of the…