Cole v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of murder. The punishment, enhanced by two prior felony convictions, is imprisonment for life.

Appellant asserts that: (1) the court erred in enhancing his punishment because the evidence was insufficient to sustain an enhancement allegation in the indictment; (2) there was a fatal variance between an enhancement allegation in the indictment and the evidence adduced to sustain that allegation; and (3) the court erred in excluding a police officer’s testimony of the description of the person who shot the deceased which was…