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TATMON v. STATE

No. 3-88-227-CR.

786 S.W.2d 523 (1990)

Johnny TATMON, a/k/a Zachriah Richardson, a/k/a Billy Williams, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied April 4, 1990.

Attorney(s) appearing for the Case

Michael Etchison, Austin, for appellant.

Ronald Earle, Dist. Atty., Ana Luisa Morales, Asst. Dist. Atty., for appellee.

Before SHANNON, C.J., and EARL W. SMITH and JONES, JJ.

EARL W. SMITH, Judge.

Appellant was indicted for burglary of a vehicle. Tex.Pen.Code Ann.§ 30.04 (1989). The indictment alleged four prior felony convictions for enhancement. The jury found appellant guilty of the primary offense of burglary of a vehicle. Appellant elected for the court to assess punishment. The court found that the allegations in the second paragraph, charging a prior final conviction for the offense of unauthorized use of a motor vehicle, were...

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