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BURRELL v. STATE

No. 09 83 032 CR.

658 S.W.2d 268 (1983)

David Lawrence BURRELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

September 7, 1983.

Attorney(s) appearing for the Case

Gerald Holmes, Jr., Nederland, for appellant.

John R. DeWitt, Asst. Crim. Dist. Atty., Beaumont, for appellee.

OPINION

DIES, Chief Justice.

This appeal is brought from a conviction for burglary of a building wherein punishment was assessed at life imprisonment upon a jury finding of true to two enhancement allegations.

Appellant contests the jury finding of true to an enhancement count because there was "no evidence indicating finality of conviction # 39260 `and' in this regard, the evidence on its face indicates that said cause was `on appeal.'" Tex.Penal...

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