Hasley v. State

OPINION

MORRISON, Judge.

The offense is felony theft with two prior convictions alleged for enhancement; the punishment, life.

Appellant’s first ground of error is that one of the prior convictions alleged for enhancement was unavailable for such use because at the hearing revoking probation in such conviction appellant was not represented by counsel. Reliance upon Mempa v. Rhay, 389 U.S. 128, 88 S.Ct. 254, 19 L.Ed.2d 336; McConnell v. Rhay and Stiltner v. Rhay, 393 U.S. 2, 89 S.Ct. 32, 21 L.Ed.2d 2, and Ex parte Fuller, Tex.Cr.App., 435 S.W.2d 515, by appellant is misplaced because unlike these…