FOSTER v. STATE

No. 09-86-048 CR.

727 S.W.2d 45 (1987)

Tommy Lee FOSTER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied March 11, 1987.

Discretionary Review Refused May 27, 1987.


Attorney(s) appearing for the Case

Rodney D. Conerly, Port Arthur, for appellant.

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


OPINION

BROOKSHIRE, Justice.

Appellant was convicted by a jury of the offense of burglary of a vehicle, a third-degree felony. TEX. PENAL CODE ANN. sec. 30.04(c) (Vernon 1974). The indictment alleged that Appellant had a prior felony conviction which was final when the present offense was committed. Appellant entered a plea of "untrue" to the enhancement allegation and the jury found that the allegation was true. The jury assessed punishment at 20...

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