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RHODES v. STATE

Nos. PD-1597-05, PD-1598-05, PD-1599-05.

240 S.W.3d 882 (2007)

Terry RHODES, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied December 19, 2007.

Attorney(s) appearing for the Case

Kelly Gatewood, Huntsville, for Appellant.

Melinda Mayo, Amarillo, Matthew Paul, State's Atty., Austin, for State.

KELLER, P.J., delivered the opinion of the Court in which KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

We must determine whether a defendant may collaterally attack a prior judgment of conviction used to enhance a new offense, in the trial of that new offense, on the ground that the prior judgment was too lenient. We hold that he cannot.

I. BACKGROUND

A. Trial

Appellant was serving time in prison for burglary (three years) and aggravated...

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