Terry v. State

on state’s motion for rehearing.

BEAUCHAMP, Judge.

The State has filed a motion for rehearing in this cause with an exhaustive argument making the contention that the original opinion was in error in stating that no final judgment had been entered in the prior case, which was being utilized in the instant case for the purpose of enhancing the penalty. Carefully considering this argument, and without discussing the authorities therein referred to, we call attention to Article 767, Vernon’s Ann. C. C. P., which reads as follows: “A ‘sentence’ is the order of the court, made in the presence of the…