Almand v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the offense of indecent exposure to a child under Article 535c of the former Penal Code. The indictment, returned in 1973, alleged two prior felony convictions for enhancement. See Article 63, Vernon’s Ann. P. C., 1925. At the time of trial in 1975 the appellant entered a plea of guilty before the court and elected to be punished under the new Penal Code.

At the hearing on the guilty plea appellant’s written judicial confession was introduced. While the State did not formally waive the first prior conviction alleged for…