Jones v. State

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for the offense of burglary of a private residence at night with intent to commit rape. After appellant’s plea of nolo con-tendere, the court assessed his punishment at ten (10) years’ confinement in the Texas Department of Corrections.

By his sole ground of error, appellant contends that the court erred in overruling his special plea to dismiss this cause on the basis that prosecution for the instant offense constituted double jeopardy since he had been previously convicted of the offense of rape which arose out of the same…