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STATE v. SHEPARD

No. 01-95-01041-CR.

920 S.W.2d 420 (1996)

The STATE of Texas, Appellant, v. Jesse Charles SHEPARD, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

March 7, 1996.

Attorney(s) appearing for the Case

John B. Holmes, Calvin Hartmann, Houston, for Appellant.

Thomas D. Moran, Houston, for Appellee.

Before TAFT, ANDELL and PRICE, JJ.

OPINION

ANDELL, Justice.

This is a State's appeal contending the trial court imposed an illegal sentence not in conformance to the provisions of former section 12.42(d) of the Penal Code,2 concerning punishment of habitual offenders. However, we address unassigned fundamental error in the judgment. For reasons different from those raised by the State, we reverse and remand the cause for a new trial.

Appellee, Jesse Charles...

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