TINNEY v. STATE

No. 56459.

578 S.W.2d 137 (1979)

William David TINNEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

March 14, 1979.


Attorney(s) appearing for the Case

Paul J. Chitwood, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Steve Wilensky and Les S. Eubanks, Jr., Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, ROBERTS and ODOM, JJ.


OPINION

ODOM, Judge.

This is an appeal from a conviction for burglary wherein punishment was enhanced by two prior felony convictions and assessed at life imprisonment. The sufficiency of the evidence is not challenged but appellant asserts error was committed during the punishment phase with regard to the enhancement provisions.

This case was tried before a jury. Appellant did not make an election to have the jury assess punishment. At the end of...

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