Raetzsch v. State

OPINION

NYE, Chief Justice.

This is an appeal from a conviction for burglary of a building, enhanced by proof of a prior felony conviction. A jury found the appellant guilty and assessed punishment at a twenty-six-year prison term and a $1,000.00 fine. Appellant had previously been indicted and tried for the same offense, but without the enhancement allegation. The trial judge in that case declared a mistrial on appellant’s motion after the jury indicated it was unable to reach a verdict.

Soon thereafter, the State reindicted appellant and added an enhancement paragraph to the burglary charge,…