State v. Handsbur

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

OVERSTREET, Judge.

In 1988, appellant was convicted by a jury of burglary of a habitation and the trial court assessed punishment, enhanced by two prior convictions, at thirty years confinement in the Texas Department of Corrections.2 The court of appeals reversed the judgment of conviction and remanded the case for a new hearing on punishment. Handspur v. State, 792 S.W.2d 239 (Tex.App.—Dallas 1990). We granted the State’s petition for discretionary review to determine whether the court of appeals erred in holding that the penitentiary…