NEW v. STATE

No. 57031.

583 S.W.2d 781 (1979)

Charles Ray NEW, Appellant, v. The STATE of Texas, Appellee.

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

July 18, 1979.


Attorney(s) appearing for the Case

Steven G. Condos, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Fred C. McDaniel, Paul D. Macaluso and Rider Scott, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS and TOM G. DAVIS, JJ., and CORNELIUS, Commissioner.


OPINION

CORNELIUS, Commissioner.

The conviction was for robbery. Punishment, enhanced by reason of a prior conviction, was set at thirty-five years' confinement. The sufficiency of the evidence is not challenged.

In his first ground of error appellant contends that his motion to quash the enhancement portion of the indictment should have been granted because, in the conviction alleged for enhancement, the sentence was pronounced the same day that...

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