Tinney v. State

OPINION

ODOM. Judge.

This is an appeal from a conviction for burglary wherein punishment was enhanced by two prior felony convictions and assessed at life imprisonment. The sufficiency of the evidence is not challenged but appellant asserts error was committed during the punishment phase with regard to the enhancement provisions.

This case was tried before a jury. Appellant did not make an election to have the jury assess punishment. At the end of the guilt phase of the trial, Tinney was convicted. The trial judge thereupon dismissed the jury over appellant’s objections. The judge then found…