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THOMAS v. STATE

No. 52206.

543 S.W.2d 645 (1976)

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

Court of Criminal Appeals of Texas.

December 1, 1976.

Attorney(s) appearing for the Case

Richard Thornton, Galveston, Court appointed, for appellant.

Ronald L. Wilson, Dist. Atty., Jack C. Brock, Asst. Dist. Atty., Galveston, 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 burglary. His punishment, enhanced pursuant to V.T. C.A. Penal Code Sec. 12.42(d), was assessed at life imprisonment.

Appellant first asserts that the trial court erred in refusing his motion to inform the jury panel and the jury of the punishment that would be assessed under Sec. 12.42(d), supra, which provides:

"If it be shown on the trial of any felony offense that the defendant has previously...

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