BARECKY v. STATE

No. 63561.

639 S.W.2d 943 (1982)

James O'Daniel BARECKY, Appellant, v. The STATE of Texas, Appellee.

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

October 20, 1982.


Attorney(s) appearing for the Case

Russell M. Stanley, Houston, for appellant.

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

Before TOM G. DAVIS, McCORMICK and TEAGUE, JJ.


OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated rape. After finding appellant guilty, the jury assessed punishment at twelve years.

In his first ground of error appellant complains that the State introduced evidence of a juvenile conviction for burglary during the punishment phase of the trial, and that such constituted fundamental error.

The State replies, citing Love v. State, 533 S...

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