State v. Shepard

OPINION

ANDELL, Justice.

This is a State’s appeal contending the trial court imposed an illegal sentence not in conformance to the provisions of former, section 12.42(d) of the Penal Code, 2 concerning punishment of habitual offenders. However, we address unassigned fundamental error in the judgment. For reasons different from those raised by the State, we reverse and remand the cause for a new trial.

Appellee, Jesse Charles Shepard, pleaded guilty without an agreed punishment recommendation from the State and was convicted of the state jail felony of burglary of a building. Appellee also…