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RUTH v. STATE

No. 62883.

653 S.W.2d 437 (1983)

Bryan Lee RUTH, Appellant, v. The STATE of Texas, Appellee.

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

July 13, 1983.

Attorney(s) appearing for the Case

Stephen L. Halsey, Dallas, for appellant.

Henry Wade, Dist. Atty. and J.T. Langford and Kevin Byrne, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before TOM G. DAVIS and W.C. DAVIS, JJ.

W.C. DAVIS, Judge.

Appellant was convicted of credit card abuse. The jury assessed punishment, enhanced under V.T.C.A., Penal Code, § 12.42(a), at 20 years' confinement.

During the punishment phase of the trial, and after the introduction of evidence in that phase including expert testimony showing appellant to be the person convicted of a prior offense as alleged in the indictment, it came to the attention...

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