STATE v. PEREZ

No. 11-95-260-CR.

948 S.W.2d 362 (1997)

STATE of Texas, Appellant, v. Charles David PEREZ, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled July 17, 1997.


Attorney(s) appearing for the Case

John B. Holmes, District Attorney, Houston, for appellant.

Garland D. McInnis, Jr., Belinda Johnson Chagnard, Houston, for appellee.

Before ARNOT, C.J., and WRIGHT, J., and McCLOUD, Senior Judge.


ARNOT, Chief Justice.

Two prior felony convictions were alleged for enhancement purposes in the indictment in this case. The issue before this court is to determine when the first prior conviction became final for enhancement purposes—when the judgment was signed or when the appeal from that conviction was affirmed. Determining that the first prior conviction was not final because an appeal was pending when the offense resulting in the second prior conviction...

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