Booker v. State

OPINION

SEARS, Justice.

Appellant entered a plea of nolo conten-dere before the court to the offense of theft. Tex.Penal Code Ann. § 31.03. He was convicted and the court assessed punishment, enhanced under Tex.Penal Code Ann. § 12.42(d), at imprisonment for thirty-five years. We reverse and remand.

Appellant raises two points of error. In his first point of error, appellant contends that the trial court erred in not quashing the indictment, or in the alternative, in not quashing the enhancement allegations of the indictment. In his second point of error, appellant asserts that the trial court…