PENNINGTON v. STATE

No. 971-82.

697 S.W.2d 387 (1985)

Jerry PENNINGTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

July 10, 1985.


Attorney(s) appearing for the Case

Roy E. Greenwood, court appointed on appeal only, Austin, for appellant.

Ronald Earle, Dist. Atty. and Philip A. Nelson, Jr., Asst. Dist. Atty., Austin, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was indicted for murder.1 Two prior felony convictions were alleged for enhancement of punishment. The jury found appellant guilty of the lesser included offense of voluntary manslaughter. Upon proof of one of the alleged prior convictions, the jury assessed punishment at 22 years' imprisonment.

On appeal the appellant raised a...

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