Welch v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated rape. Punishment, enhanced pursuant to V.T.C.A., Penal Code Sec. 12.-42(d), is life.

In his seventh ground of error appellant asserts: “The trial court erred in failing to exclude testimony taken prior to Appellant’s plea at the punishment phase.” The record reflects that after the jury found appellant guilty, the State called its first witness at the punishment phase before appellant’s plea to the enhancement allegations. After the State’s second witness was called the omission was noticed, the enhancement allegations were…