Burks v. State

OPINION

SHERRY RADACK, Chief Justice.

Appellant, Oscar Lee Burks, pleaded not guilty to the offense of aggravated robbery and pleaded true to two felony convictions alleged as enhancement. A jury found him guilty of the lesser offense of robbery and assessed punishment at 45 years in prison, see Tex. Pen.Code Ann. § 29.02 (Vernon 2003), enhanced by the prior felony convictions. See Tex. Pen.Code Ann. § 12.42(d) (Vernon Supp.2005). In three points of error, appellant contends (1) that the trial court committed fundamental error and violated his Sixth Amendment right to counsel by requiring that…