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CARTER v. STATE

No. 48544.

510 S.W.2d 323 (1974)

Albert H. CARTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 26, 1974.

Attorney(s) appearing for the Case

John Mustachio, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough, Sam Robertson, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

REYNOLDS, Commissioner.

The appealed conviction is for embezzlement committed on or about May 5, 1971. The punishment, following a jury finding that appellant had been convicted of two prior non-capital felony offenses, was fixed at life imprisonment under Article 63, Vernon's Ann.P.C.

In the enhancement portion of the indictment, it was alleged that appellant had two prior final felony convictions, one on April 20, 1962, and the other on...

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