SMITH v. STATE

No. 05-83-01501-CR.

687 S.W.2d 479 (1985)

Gene Dewayne SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

February 28, 1985.


Attorney(s) appearing for the Case

John H. Hagler, Dallas, for appellant.

Henry Wade, Crim. Dist. Atty., Jeffrey B. Keck, Asst. Dist. Atty., Dallas, for appellee.

Before STEPHENS, ALLEN and McCLUNG, JJ.


STEPHENS, Justice.

Appellant appeals from a conviction for burglary of a habitation, enhanced by a prior felony conviction. Punishment was assessed by the court at forty years confinement. Appellant contends in his sole ground of error that the evidence was insufficient to support a true finding of the enhancement paragraph. We agree. Consequently, we remand the case to the trial court for resentencing only.

The indictment in the instant cause alleged burglary...

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