Green v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of robbery by assault enhanced under the provisions of Article 62, Vernon’s Ann.P.C. Punishment was assessed by the court at life imprisonment.

Appellant does not challenge the sufficiency of the evidence.

The record shows that appellant was indicted as a habitual criminal, but upon motion by the State, one prior conviction alleged in the indictment was dismissed, and the State proceeded to use a prior conviction for theft for enhancement under Article 62, supra.

Appellant contends that it was error for the trial court to…