RAWLINGS v. STATE

No. 59375.

602 S.W.2d 268 (1980)

Johnny Lee RAWLINGS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

July 16, 1980.


Attorney(s) appearing for the Case

Joseph V. Gibson, III, Odessa, for appellant.

Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and DALLY, JJ.


OPINION

DALLY, Judge.

This is an appeal from a conviction for felony theft of property having a value of less than $200.00. V.T.C.A. Penal Code, Sec. 31.03(d)(4)(C). The punishment, enhanced by proof of an additional prior felony theft conviction, was assessed by the jury at imprisonment for twenty years. V.T.C.A. Penal Code, Sec. 12.42(a).

Appellant contends that Sec. 31.03(d)(4)(C), supra, is a specific statute which alone governs the enhancement...

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