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  5. 175 S.W.3d 348 (2004)
 

RHODES v. STATE

Nos. 01-03-00327-CR, 01-04-00739-CR, 01-04-00740-CR.

175 S.W.3d 348 (2004)

Terry RHODES, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Overruled July 27, 2005.

Attorney(s) appearing for the Case

Kelly Gatewood, State Counsel for Offenders, Huntsville, TX, for Appellant.

Melinda Mayo, Special Prosecution Unit, Amarillo, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.

OPINION

JANE BLAND, Justice.

In one indictment containing three separate counts, the State charged appellant Terry Rhodes with the felony offenses of escape, burglary of a habitation, and theft. The indictment includes two punishment enhancement paragraphs. The first alleges a previous conviction for felony escape in Smith County, and the second alleges a previous conviction for felony burglary of a habitation. Rhodes

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