Thiel v. State

OPINION ON STATE’S MOTION FOR REHEARING

ONION, Presiding Judge.

Our prior opinion is withdrawn.

This is an appeal from a conviction for escape. See V.T.C.A., Penal Code, § 38.07. After the jury found appellant had been previously convicted of two prior felony offenses as alleged in the indictment, punishment was assessed at life imprisonment. See V.T.C.A., Penal Code, § 12.42(d) (1973) (prior to the 1983 amendment thereto).

On August 28, 1978, the appellant was in custody at the Harris County Rehabilitation center on a charge of unauthorized use of a motor vehicle. On that morning he was…