Whitten v. State

587 S.W.2d 156 (1979)

Bertwell Elber WHITTEN, III, Appellant,

v.

The STATE of Texas, Appellee.

No. 60989.

Court of Criminal Appeals of Texas, Panel No. 3.

June 20, 1979.

Rehearing Denied October 17, 1979.

Scott E. Segall, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and Leo B. Garcia, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, PHILLIPS and W. C. DAVIS, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for burglary, and punishment, enhanced by proof of one prior conviction, was assessed by a jury at twenty years.

Appellant was charged…