White v. State

353 S.W.2d 229, 171 Tex. Crim. 683, 1961 Tex. Crim. App. LEXIS 4573

Opinions

BELCHER, Judge.

The appellant was convicted under an indictment charging burglary, with two prior convictions for felonies less than capital alleged for the purpose of enhancement; the punishment, life imprisonment.

The evidence is sufficient to show the primary offense of burglary.

To prove the two prior convictions alleged for enhancement, the state introduced a certified copy of the judgment in each of said causes. It further proved that the appellant was the same person named in each of the judgments'.

The appellant did not testify or offer any evidence.

There is no evidence in the record showing that sentence was pronounced upon the appellant in the prior convictions alleged. The pronouncement of sentence upon the defendant in all felony cases less than capital is essential to a final judgment of conviction. In the absence of any evidence showing a final conviction of the appellant in the two prior convictions alleged for enhancement, the evidence is insufficient to support the conviction. Art. 767, C.C.P.; 5 Tex. Jur. 2d 169, Sec. 110; 16 Tex. Jur. 2d 570, Sec. 372.

The judgment is reversed and the cause remanded.

Opinion approved by the Court.