FAIN v. STATE

No. 08-84-00028-CR.

688 S.W.2d 235 (1985)

Clifton Eugene FAIN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied April 17, 1985.


Attorney(s) appearing for the Case

Martin Underwood, Comstock, Joseph A. Connors, III, McAllen, for appellant.

Phil J. Pollan, Dist. Atty., Fort Stockton, Douglas M. Becker, Gray, Allison & Becker, Austin, for appellee.

Before STEPHEN F. PRESLAR, C.J., and WARD and OSBORN, JJ.


OPINION

OSBORN, Justice.

This is an appeal from a conviction for aggravated rape in which the jury found two enhancement counts to be true. Punishment was assessed at life imprisonment. We reform and affirm.

Grounds of Error Nos. Six and Seven challenge the sufficiency of the evidence to prove Appellant's identity as the defendant in the prior conviction alleged in the third count of the indictment and demonstrated by the penitentiary packet introduced...

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