KELLY v. STATE

No. 43244.

459 S.W.2d 841 (1970)

Robert Earl KELLY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 25, 1970.


Attorney(s) appearing for the Case

Victor R. Blaine, Houston (on appeal only), for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and James A. Moseley, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

WOODLEY, Presiding Judge.

The offense is burglary; the punishment, enhanced by a prior conviction for burglary (Art. 62, Vernon's Ann.P.C.) 12 years.

Represented by court appointed counsel, appellant entered a plea of not guilty before a jury on June 5, 1969, and the jury having found him guilty, further found that he had been previously convicted of burglary, as charged in the indictment, and assessed his punishment.

The amended...

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