Ex Parte Augusta

OPINION

TEAGUE, Judge.

I. The Issue Before Us

James Robert Augusta, applicant, challenges by way of a post-conviction writ of habeas corpus, see Art. 11.07, V.A.C.C.P., the life sentence he is presently serving. Augusta asserts in his application that because the trial court once held that the evidence adduced at the first enhancement proceeding was legally insufficient to establish the sequence of the prior felony convictions alleged in the indictment, the State was precluded from enhancing his punishment at his second trial to that for an habitual criminal. We agree and will grant Augusta…