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BOUIE v. STATE

No. 54711.

565 S.W.2d 543 (1978)

John Elson BOUIE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 17, 1978.

Attorney(s) appearing for the Case

Jesse R. Funchess, Houston, for appellant.

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

Before the court en banc.

OPINION

ODOM, Judge.

This is an appeal from a conviction for robbery by assault. Art. 1408, V.A.P.C. Punishment was enhanced on allegations and proof of two prior convictions. See Art. 63, V.A.P.C. and V.T.C.A., Penal Code Sec. 12.42(d).

Appellant first contends the trial court erred in allowing him to be retried as an habitual criminal after his first conviction, in which he received ten years, was reversed...

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