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LEATHERWOOD v. STATE

No. 59782.

619 S.W.2d 160 (1981)

George LEATHERWOOD, Appellant, v. The STATE of Texas, Appellee.

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

July 22, 1981.

Attorney(s) appearing for the Case

Kerry P. Fitzgerald, Dallas, for appellant.

Henry Wade, Dist. Atty. and Maridell Templeton, Les Eubanks & Sue Lagarde, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before DALLY, W. C. DAVIS and CLINTON, JJ.

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for the offense of theft of property valued at over two hundred dollars. The punishment, enhanced by two prior felony convictions, is imprisonment for life.

The appellant in his pro se brief argues that the two prior felony convictions used to enhance his punishment had already been successfully used to enhance an earlier conviction. We agree and reverse.

The indictment in the...

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