Mitchell v. State

OPINION

HILL, Justice.

Michael Mitchell appeals his conviction by a jury of the offense of robbery. The court assessed his punishment, enhanced by two prior convictions, at twenty-five years in the Texas Department of Corrections. In three points of error, Mitchell contends: the evidence is insufficient to support his conviction; the trial court erred in refusing to dismiss the enhancement portion of his indictment as being violative of the Eighth Amendment’s protection against cruel and unusual punishment; and a pen packet was improperly used to enhance his punishment.

Mitchell contends in…