Covarrubias v. State

DICE, Judge.

The offense is burglary with a prior conviction for an offense of like character alleged for the purpose of enhancement; the punishment, 12 years.

Appellant filed no exceptions to the indictment in the trial court but on appeal contends that the indictment is fundamentally defective because it did not properly allege the prior conviction. Appellant insists that the indictment failed to describe the prior offense but merely alleged a legal conclusion that he had been previously convicted of an offense of like character which allegation has been held insufficient to allege a prior…