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BARNES v. STATE

No. 09-00-397-CR.

57 S.W.3d 660 (2001)

Donald BARNES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided October 24, 2001.

Attorney(s) appearing for the Case

Douglas M. Barlow, Beaumont, for appellant.

Tom Maness, Criminal District Attorney, Philip Babin, Assistant Criminal District Attorney, Beaumont, for State.

Before WALKER, C.J., BURGESS and GAULTNEY, JJ.

OPINION

WALKER, Chief Justice.

Donald Barnes pleaded guilty to evading detention, and also entered a plea of "true" to two prior felony convictions. See Tex. Pen.Code Ann. § 38.04 (Vernon Supp. 2001). Barnes's indictment did not allege whether the two prior convictions were sequential but rather stated that, prior to the commission of the primary offense, Barnes was convicted for one previous felony on January 9, 1992, and convicted for the second...

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