Ruth v. State

OPINION

W.C. DAVIS, Judge.

Appellant was convicted of credit card abuse. The jury assessed punishment, enhanced under V.T.C.A., Penal Code, § 12.-42(a), at 20 years’ confinement.

During the punishment phase of the trial, and after the introduction of evidence in that phase including expert testi mony showing appellant to be the person convicted of a prior offense as alleged in the indictment, it came to the attention of the court that appellant had not pled to the enhancement count and that that count had not been read to the jury.

At that time appellant was arraigned on the enhancement count,…