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STATE v. HANDSBUR

No. 803-90.

816 S.W.2d 749 (1991)

The STATE of Texas, Appellee, v. Melvin Earl HANDSBUR, Appellant.

Court of Criminal Appeals of Texas, En Banc.

September 25, 1991.

Attorney(s) appearing for the Case

Renie McClellan, Cedar Hill (on appeal only), for appellant.

John Vance, Dist. Atty. and Kathleen A. Walsh, Robert Dark and Heidi Akins, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

OVERSTREET, Judge.

In 1988, appellant was convicted by a jury of burglary of a habitation and the trial court assessed punishment, enhanced by two prior convictions, at thirty years confinement in the Texas Department of Corrections.2 The court of appeals reversed the judgment of conviction and remanded the case for a new hearing on punishment. Handspur v. State,

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