WELCH v. STATE

No. 65273.

645 S.W.2d 284 (1983)

Donald Ray WELCH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied February 23, 1983.


Attorney(s) appearing for the Case

Stan Brown, Abilene, for appellant.

Patricia A. Elliott, Dist. Atty., Randy Dale, Asst. Dist. Atty., Abilene, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.


OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated rape. Punishment enhanced pursuant to V.T.C.A., Penal Code Sec. 12.42(d), is life.

In his seventh ground of error appellant asserts: "The trial court erred in failing to exclude testimony taken prior to Appellant's plea at the punishment phase." The record reflects that after the jury found appellant guilty, the State called its first witness at the punishment phase before appellant...

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