SILVA v. STATE

No. 46076.

499 S.W.2d 147 (1973)

Joe SILVA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 17, 1973.


Attorney(s) appearing for the Case

William F. Warnick, Lubbock, for appellant.

Alton R. Griffin, Dist. Atty., Ronald M. Jackson, Asst. Dist. Atty., Lubbock, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for burglary. After returning a verdict of guilty, the jury found that, prior to the commission of the primary offense, appellant had twice been convicted of a felony less than capital as charged in the indictment. Punishment was assessed at life under the mandatory provisions of Article 63, Vernon's Ann.P.C.

Augustine Martinez testified that he and appellant gained entry to the La Favorita...

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