HESS v. STATE

No. 51106.

528 S.W.2d 842 (1975)

Herbert HESS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 22, 1975.


Attorney(s) appearing for the Case

None on appeal, for appellant.

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


OPINION

ODOM, Judge.

Appellant was convicted for theft of a credit card. Upon appellant's plea of nolo contendere to the primary count, the State waived two counts alleging prior convictions for purposes of enhancement. Punishment was assessed at two years.

At the outset we are confronted with fundamental unassigned error requiring consideration in the interest of justice. Art. 40.09(13), V.A.C.C.P.

The primary count of the indictment utterly...

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