Cady v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for burglary of a vehicle. The jury, having found the enhancement allegations to be true, assessed punishment at life.

Cady, in his sole ground of error, argues that the double jeopardy clause of the Fifth Amendment to the United States Constitution prohibited the State from enhancing his conviction. V.T.C.A., Penal Code, Section 12.42(d). The enhancement allegations in this case charged Cady with convictions in a 1972 burglary and a 1951 burglary. Cady introduced evidence showing that in 1957 he had been charged and convicted of…