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JACKSON v. STATE

No. 62629.

633 S.W.2d 897 (1982)

Charles Edward JACKSON, Appellant, v. The STATE of Texas, Appellee.

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

June 9, 1982.

Attorney(s) appearing for the Case

E. Stanley Topek, Houston, for appellant.

Carol S. Vance, Dist. Atty., Raymond E. Fuchs and Don Stricklin, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

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

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction of burglary of a habitation. Punishment, enhanced by a prior conviction, was assessed at 20 years confinement. The sufficiency of the evidence is not challenged.

The appellant in ground of error one contends that in 1971 the titled offense alleged in the enhancement count of the indictment did not exist, therefore, the said enhancement count is void.

In the instant case, the...

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