Burney v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated assault. Punishment, enhanced by allegation and proof of one prior felony conviction, was assessed by the jury at 15 years and a $7500 fine.

The prior conviction used to enhance punishment in this case was for destruction of property under Art. 1350, V.A.P.C. (1925). After the primary offense was pending on appeal, appellant filed for post-conviction habeas corpus relief in the prior conviction. The trial court, recognizing the implications of the habeas corpus application, ordered his findings and the relevant instruments…