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468 S.W.2d 371

Deering v. State

Court of Criminal Appeals of Texas · decided 1971-06-23

Relies on Bell v. State

Decided 1971-06-23

¶1OPINION

DOUGLAS, Judge.

¶2This is an appeal from a conviction for attempted burglary with intent to commit theft. The punishment was assessed by the court at three years.

¶3Two prior convictions for felonies less than capital were alleged for enhancement under Article 63, Vernon’s Ann.P.C. Upon motion by the State these allegations were dismissed. After being duly admonished, the appellant entered a plea of guilty. A judicial confession was introduced.

¶4The sole complaint is that the indictment alleged two prior convictions and one was not final before the second offense was committed and that the appellant therefore could not be convicted as an habitual criminal. These allegations were dismissed ; any error concerning them did not injure the appellant. No error is shown.

¶5The judicial confession to the primary offense is sufficient to support the conviction. Bell v. State, Tex.Cr.App., 455 S.W.2d 230.

¶6The judgment is affirmed.

ROBERTS, J., not participating.
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