Gordon v. State

651 S.W.2d 793, 1983 Tex. Crim. App. LEXIS 1048

Opinions

OPINION

ODOM, Judge.

This is an appeal from a conviction for burglary of a building. Punishment, enhanced pursuant to V.T.C.A., Penal Code Sec. 12.42(b), was assessed at ten years.

In his only ground of error appellant contends the State was erroneously allowed to impeach him with a prior conviction over ten years old. As the State points out in its brief, at the punishment stage of the trial appellant admitted he was guilty of the offense. In Brown v. State, 617 S.W.2d 234, 236 (Tex.Cr.App.1981), it was noted that many evidentiary objections made at the guilt stage may be waived by such punishment stage testimony. See authorities cited in Brown. Appellant’s admission of guilt at the punishment stage waived the objection asserted in his ground of error.

The judgment is affirmed.