Green v. State

ON MOTION FOR REHEARING

MORRISON, Judge Presiding.

The offense is robbery, with two prior convictions alleged for enhancement; the punishment, life.

Our original opinion herein is withdrawn and in view of our disposition of this case, a recitation of the facts will not be deemed necessary other than to observe that the state, as we now view the matter, failed to prove that one of the prior convictions alleged for enhancement was a conviction for a felony less than capital in order to bring into operation the terms of Article 63, V.A.P.C.

The two prior convictions alleged for enhancement were from…