Russell v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

On April 23, 1987, appellant was adjudged guilty of aggravated robbery and sentenced to a ninety-nine year term in the state penitentiary after the sentencing jury had found an enhancement allegation to be “true.”

On direct appeal, the Court of Appeals held, inter alia, that the State had failed to prove the finality of the conviction used to enhance appellant’s punishment. Russell v. State, 744 S.W.2d 699 (Tex.App.—Eastland 1988). The court then proceeded to apply a harmless error analysis to this failure of proof, and…