Ex Parte Breen

MORRISON, Judge.

Relator, an inmate of the penitentiary, seeks his discharge by writ of habeas corpus, alleging that his conviction is void because the jury fixed his punishment at life imprisonment under Article 63, V.A.P.C., after finding him guilty of the primary offense of robbery and finding that he had been convicted of two other felonies less than capital as charged in the indictment.

Relator contends that only the trial judge has the power to assess the punishment under the enhancement statutes. This contention is overruled. In 16 Texas Jurisprudence 2d 645, Section 413, we find the…