Acosta v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

Appeal is taken from a felony conviction for escape from custody. The indictment alleged appellant was under arrest for and charged with the offense of murder. See V.T.C.A. Penal Code, Sec. 38.07(c). Punishment, enhanced by two prior felonies, was assessed at life. The conviction was reversed by the Court of Appeals for the Thirteenth Supreme Judicial District. We granted the State’s petition for discretionary review in order to examine the Court of Appeals’ action in upholding the appellant’s contention that the two…