Armendariz v. State

WOODLEY, Judge.

This is an appeal from a life sentence imposed under Art. 63 P.C., the jury having found appellant guilty of possessing marihuana and found in their verdict that he had been twice previously convicted of a felony less than capital, as charged in the indictment.

The indictment appears to contain the essential allegations necessary to invoke the provisions of Article 63 P.C., but the state failed to support the essential allegation that the second prior conviction relied upon was for an offense committed subsequent to the first prior conviction alleged.

The first prior conviction…