Morgan v. State

OPINION

MORRISON, Judge.

The offense is burglary with intent to commit theft under Article 1389, V.A.P.C.; the jury assessed punishment at nine years.

In view of our disposition of this ease, a recitation of the facts is not necessary. Appellant’s third ground of error challenges the admissibility of a pen packet from Ohio. The Ohio prison papers were offered at the punishment phase of the trial as proof of appellant’s prior criminal record under Article 37.07, V.A.C.C.P. Prior to the punishment hearing the State withdrew the enhancement portion of the indictment. Over appellant’s timely and…