THOMAS v. STATE

No. 1243-90.

821 S.W.2d 616 (1991)

Olin Junior THOMAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

December 11, 1991.


Attorney(s) appearing for the Case

Michael B. Charlton (on appeal only), Houston, for appellant.

Jim Mapel, Dist. Atty., and Jerome Aidrich, Asst. Dist. Atty., Angleton, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

BENAVIDES, Judge.

Appellant was convicted of carrying a deadly weapon known as a "shank" inside a penal institution. See V.T.C.A., Penal Code, § 46.11(a)(1). His punishment, enhanced by two prior felony convictions, was assessed by the jury at confinement for life in the penitentiary. See V.T.C.A., Penal Code, § 12.42(d). But the Fourteenth Court of Appeals ordered a judgment of...

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