Baker v. State

*826OPINION

ON APPELLANT’S SECOND MOTION FOR REHEARING

WOODLEY, Presiding Judge.

Our prior opinions and orders affirming this conviction for robbery, with punishment enhanced by a prior conviction for burglary with intent to commit theft (Art. 62 P.C.), are withdrawn.

Relying on our opinion in Johnson and White v. State, Tex.Cr.App., 436 S.W.2d 906, handed down the same day as our opinion on appellant’s first motion for rehearing, appellant complains that the state was permitted to use a prior conviction in a non-capital felony alleged to enhance punishment in an indictment for armed robbery, a…