Flowers v. State

OPINION

DALLY, Commissioner.

The conviction is for robbery by assault; the punishment, sixty years imprisonment.

The sufficiency of the evidence is not challenged.

The appellant first urges that he “was prejudiced by the use of an alleged prior conviction against him at his punishment (hearing) when such alleged prior conviction could not be established by the State.”

As the appellant did not elect to have the jury assess punishment, it was assessed by the court. During the hearing on punishment, the State introduced proof that the appellant had been convicted of felony theft in a prior case in…