Diremiggio v. State

OPINION

CLINTON, Judge.

Appeal is taken from a conviction for aggravated rape; having been indicted as a repeat offender, 1 appellant’s punishment was assessed by the jury at forty five years confinement.

Because of our disposition of appellant’s third ground of error, a recitation of the facts constituting the offense is unnecessary.

In his ground of error three, appellant contends the evidence is insufficient to establish he had previously been convicted of the prior offense as alleged in the second paragraph of the indictment. 2 Appellant claims, inter alia, that the State failed to establish…