O'CONNER v. State

DICE, Commissioner.

Appellant was convicted under Art. 725b, Vernon’s Ann.P.C., as a second offender, of the offense of unlawful possession of heroin and his punishment was assessed at confinement in the penitentiary for fourteen years.

Trial was before the court — a jury being waived — upon appellant’s plea of guilty to the indictment.

At the trial, a prior alleged felony conviction of the appellant for violation of the Uniform Narcotic Drug Act was stipulated.

It was further agreed and stipulated between the parties that appellant waived the appearance, confrontation, and cross-examination of…