Jones v. State

OPINION

ONION, Judge.

The offense is attempted burglary; the punishment, enhanced under the provisions of Article <53, Vernon’s Ann.P.C., life.

Appellant expressly does not challenge the sufficiency of the evidence to sustain the jury’s verdict of guilty as to the instant offense. His grounds of error are directed to the hearing on punishment before the court.

Initially, he contends that one of the prior convictions alleged for enhancement, burglary of a motor vehicle with an intent to commit theft in Cause No. 3084 in the 142nd District Court on June 8, 1964, was not available to the State for…