McCOY v. STATE

No. 50503.

529 S.W.2d 538 (1975)

Larry Donnell McCOY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 19, 1975.


Attorney(s) appearing for the Case

Grant U. Hardeway, Sr. (On appeal only), Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Gerald Guerinot, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

KEITH, Commissioner.

The jury convicted appellant of burglary of a building with intent to commit theft. For the purpose of enhancing the punishment it was alleged that he had previously been convicted of felony theft. At the beginning of the punishment phase of the trial, appellant orally moved the court to quash the enhancement allegation in the indictment upon the ground that the "pen papers" did not include the written waiver of the right of...

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