Simmons v. State

*5OPINION

BURGESS, Justice.

A jury convicted appellant of burglary of a habitation with intent to commit theft— habitual offender. Appellant pleaded not true to the enhancement paragraphs of the indictment, which allegations the trial court found “true” and assessed appellant’s punishment at sixty (60) years’ confinement in the Texas Department of Corrections. Appellant perfected this appeal urging in two points of error the trial court erred in finding “true” to the second enhancement count.

The indictment read, in pertinent part, as follows:

[P]rior to the commission of each of the aforesaid…