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FUENTES v. STATE

No. 45686.

491 S.W.2d 419 (1973)

Johnny FUENTES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 28, 1973.

Attorney(s) appearing for the Case

Thomas M. Roberson, Houston, for appellant.

Carol Vance, Dist. Atty., James C. Brough, L. H. Stewart, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DICE, Commissioner.

The conviction is for the sale of heroin; the punishment, enhanced under Art. 63, Vernon's Ann.P.C., by reason of three prior convictions for felonies less than capital, life imprisonment.

Appellant's sole claim of error in the brief filed by his counsel is that the three prior convictions were improperly used for enhancement because in each of the convictions he was not advised that he had the right of appeal.

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