Garcia v. State

ON STATE’S motion for rehearing

MORRISON, Presiding Judge.

Edwards v. State, 166 Tex. Cr. Rep. 301, 313 S. W. 2d 618; Parasco v. State, 165 Tex. Cr. Rep. 547, 309 S. W. 2d 465; Granado v. State, 168 Tex. Cr. Rep. 525, 329 S. W. 2d 864, and Fletcher v. State, No. 31,563, (page 506 this volume) 335 S. W. 2d 613, support the holding in our original opinion that a prior conviction is not available to enhance punishment for an offense of which it is an essential element.

We are not to be understood as holding that in prosecutions under Article 489c, V.A.P.C., the state is precluded from using felony convictions other than the one alleged as an element of the offense to secure an enhancement of punishment under Article 63, V.A.P.C.

The state’s motion for rehearing is overruled.