McCoy v. State

OPINION

KEITH, Commissioner.

The jury convicted appellant of burglary of a building with intent to commit theft. For the purpose of enhancing the punishment it was alleged that he had previously been convicted of felony theft. At the beginning of the punishment phase of the trial, appellant orally moved the court to quash the enhancement allegation in the indictment upon the ground that the “pen papers” did not include the written waiver of the right of trial by jury as required under Art. 1.13, V.A.C.C.P. This motion having been overruled, he entered his plea of “Not true.” The jury assessed…