Fain v. State

OPINION

OSBORN, Justice.

This is an appeal from a Conviction for aggravated rape in which the jury found two enhancement counts to be true. Punishment was assessed at life imprisonment. We reform and affirm.

Grounds of Error Nos. Six and Seven challenge the sufficiency of the evidence to prove Appellant’s identity as the defendant in the prior conviction alleged in the third count of the indictment and demonstrated by the penitentiary packet introduced as State’s Exhibit No. Three. Since the admissibility and contents of this exhibit have a bearing on the first five numbered grounds of error, we…