Tomlin v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was charged with burglary of a habitation, and was tried and found guilty by a jury in the 221st Judicial District Court of Montgomery County. During the punishment phase of the trial, the jury found that appellant had four prior felony convictions, and in accordance with V.T.C.A. Penal Code, § 12.42(d), appellant was given a life sentence. In appellant’s first petition for discretionary review, this Court, in an unpublished opinion, remanded the case to the Ninth Court of Appeals because of an erroneous finding…