Cortez v. State

314 S.W.2d 589, 1958 Tex. Crim. App. LEXIS 4828

Opinion

MORRISON, Presiding Judge.

The offense is passing as true a forged instrument, with two prior convictions of felonies less than capital alleged for enhancement under Article 63, Vernon’s Ann. P.C.; the punishment, life.

The State, through her district attorney, confesses error, and we agree. The indictments in the prior convictions were not introduced in evidence, and there is an absence of any showing that each of the prior convictions was subsequent in point of time to the commission of the prior offenses. Wood v. State, Tex.Cr.App., 311 S.W.2d 409, and Simpson v. State, 155 Tex.Cr.R. 228, 233 S.W.2d 584.

The judgment is reversed and the cause remanded.