OPINION
CANNON, Justice.
The appellant was indicted for felony escape in violation of Tex.Penal Code Ann. § 38.07 (Vernon 1974). Pursuant to § 38.07(c)(1), this offense is a felony of the third degree because it was alleged that the appellant, at the time of his escape from custody, was charged with a felony. Two enhancement paragraphs alleged that the appellant had prior felony convictions for robbery and burglary. The appellant pleaded not guilty...
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