White v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

ODOM, Judge.

This is an appeal from a conviction for burglary of a habitation. Punishment, enhanced by proof of two prior convictions, was assessed at life under V.T.C.A., Penal Code Sec. 12.42(d).

On original submission appellant’s conviction was affirmed in a per curiam opinion. By motion for rehearing appellant raises an issue not considered on original submission. It is pointed out by appellant that one of the prior convictions used for enhancement in this case was declared void by per curiam opinion in Ex parte White, Cause No. 60928, 578 S.W.2d…