Lynch v. State

OPINION

DYESS, Justice.

This is an appeal from a conviction of unauthorized use of a motor vehicle where the appellant was indicted for the theft of a motor vehicle as well as for unauthorized use of a motor vehicle. While on the stand, the appellant admitted that he had been convicted on two prior occasions and sent to the penitentiary for the two crimes alleged in the indictment for enhancement. With this admission before him, the trial judge dismissed the jury and assessed punishment himself, despite the appellant’s request that the jury assess the punishment.

A brief factual background…