KESSLER v. STATE

No. 48922.

514 S.W.2d 260 (1974)

James Henry KESSLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 9, 1974.


Attorney(s) appearing for the Case

Will Gray, on appeal only, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Jim Ezer, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DALLY, Commissioner.

The conviction is for burglary with intent to commit theft; the punishment enhanced under the provisions of Art. 63, V. A.P.C. by proof of conviction of two prior non-capital felonies was imprisonment for life. The single ground of error is that "[t]he State failed to prove that the offense alleged in Cause No. 142,334 was committed after the conviction in Cause No. 115,001 had become final."

The indictment alleged that...

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