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PORTER v. STATE

No. 56957.

566 S.W.2d 621 (1978)

Donnie Ray PORTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

May 31, 1978.

Attorney(s) appearing for the Case

Steven G. Condos, Dallas, for appellant.

Henry M. Wade, Dist. Atty., T. Michael Sutton, Paul Macaluso and Rider Scott, Asst. Dist. Attys., Dallas, for the State.

Before ROBERTS, PHILLIPS and VOLLERS, JJ.

OPINION

ROBERTS, Judge.

This is an appeal1 from a conviction for possession of heroin; the punishment, enhanced under V.T.C.A., Penal Code, Section 12.42(d) by two prior felony convictions, was assessed by the jury at life imprisonment.

Section 12.42(d) of the Penal Code provides:

"(d) If it be shown on the trial of any felony offense that the defendant has previously been finally convicted of two felony offenses...

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