Mullins v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Presiding Judge.

Appellant raises only one point of error in his motion for rehearing. He contends that use of the prior convictions to enhance his punishment, as provided by Article 63, Vernon’s Ann.P.C., violates the Fifth Amendment to the Constitution of the United States and Article I, Section 14 of the Constitution of the State of Texas, Vernon’s Ann.St. 5, in that such use places him in jeopardy a second time for the convictions so used. As this Court pointed out in Phariss v. State, 149 Tex.Cr.App. 489, 196 S.W.2d 826, in rejecting a…