Tatmon v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was convicted by a jury of burglary of a vehicle. V.T.C.A., Penal Code § 30.04. At the penalty phase, the trial court found it to be true that appellant had previously been finally convicted of three felony offenses, and assessed appellant’s punishment at thirty-five years confinement in the Texas Department of Corrections.1 V.T.C.A., Penal Code § 12.42(d). Appellant appealed his conviction.

The Court of Appeals found that the trial court did not err in overruling appellant’s motion to quash his indictment.…