FOSTER v. STATE

No. 63415.

603 S.W.2d 879 (1980)

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

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

Rehearing Denied September 17, 1980.


Attorney(s) appearing for the Case

C. C. Divine, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Calvin A. Hartmann and Jim Leitner, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS, TOM G. DAVIS and W. C. DAVIS, JJ.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction for the offense of theft. Punishment, enhanced by proof of two prior felony convictions as alleged in the indictment, was assessed at life.

In his first ground of error, appellant apparently complains that the State was permitted improperly to enhance his punishment under two separate provisions of the Penal Code. The indictment alleged a primary offense of theft of property of the value...

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