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DODTY v. STATE

No. 46151.

493 S.W.2d 787 (1973)

Deville Eireicko DODTY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 16, 1973.

Attorney(s) appearing for the Case

James P. Finstrom, Dallas, for appellant.

Henry Wade, Dist. Atty., and W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

Appellant was convicted of the offense of burglary as charged in the indictment under an indictment charging burglary with intent to commit theft. Punishment, enhanced under the provisions of Article 63, Vernon's Ann.P.C., was assessed at life.

Appellant's sole ground of error reads:

"The evidence is insufficient to sustain the enhancement portion of the indictment in that there was no proof that the second conviction...

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