BURNEY v. STATE

No. 65049.

614 S.W.2d 834 (1981)

Calvin BURNEY, Appellant, v. The STATE of Texas, Appellee.

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

April 29, 1981.


Attorney(s) appearing for the Case

Marvin C. Hanz and Galen A. Moeller, San Angelo, for appellant.

Royal Hart, Dist. Atty., Ken Greer, Jr., and Thomas J. Gossett, Asst. Dist. Attys., San Angelo, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, W. C. DAVIS and McCORMICK, JJ.


OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated assault. Punishment, enhanced by allegation and proof of one prior felony conviction, was assessed by the jury at 15 years and a $7500 fine.

The prior conviction used to enhance punishment in this case was for destruction of property under Art. 1350, V.A.P.C. (1925). After the primary offense was pending on appeal, appellant filed for post-conviction habeas corpus relief in the...

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