Mitchell v. State

OPINION

ROBERTS, Judge.

The conviction is for the offense of felony theft; punishment was enhanced under Article 63, V.A.P.C., and appellant was assessed life imprisonment.

Two grounds of error are alleged. Appellant first contends that a prior felony conviction used for enhancement purposes was obtained when appellant was not represented by counsel. Appellant concludes, therefore, that reversible error was committed.

Appellant testified that he was not advised of his right to an attorney at this prior trial. Yet the judgment in that cause recites that “Frank Guy Mitchell appeared in person, his…