Beal v. State

I concur in the denial of appellant’s motion for rehearing en banc.

In appellant’s ground for rehearing number three, he contends the panel erred in overruling his points of error 11 and 12, wherein the panel held that for enhancement purposes, the date to be used in determining the finality of a prior conviction on a judgment that has been appealed and affirmed is the date of the trial court’s judgment, not the date of the mandate. For that holding, we relied upon Rener v. State, 416 S.W.2d 812, 814 (Tex.Crim.App.1967), and Caballero v. State, 725 S.W.2d 776, 777-78 (Tex.App. — Houston [1st…