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ALVAREZ v. STATE

No. 43966.

472 S.W.2d 762 (1971)

Epifanio Garcia ALVAREZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 30, 1971.

Attorney(s) appearing for the Case

Robert Mitchell (Court appointed on appeal), J. Anthony Guajardo, San Antonio, for appellant.

Ted Butler, Dist. Atty., Charles T. Conaway, Charles Campion and Lucien B. Campbell, Asst. Dist. Attys., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for sale of heroin where the punishment, enhanced under the provisions of Article 63, Vernon's Ann.P.C., was assessed at life.

The appellant contends the trial court fundamentally erred in imposing a life sentence pursuant to Article 63, V.A.C.P., because the allegations in the indictment as to the two prior convictions were not sufficient to authorize the utilization of such convictions...

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