Henry Pittman v. The State of Texas--Appeal from 176th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 10-92-00176-CR

Case Date: 11/18/1992

Plaintiff: Henry Pittman

Defendant: The State of Texas--Appeal from 176th District Court of Harris County

Preview:Henry Pittman v. The State of Texas--Appeal from 176th District Court of Harris County
IN THE TENTH COURT OF APPEALS

No. 10-92-176-CR

HENRY PITTMAN, Appellant v.

THE STATE OF TEXAS, Appellee

From the 176th District Court Harris County, Texas Trial Court # 620,637

MEMORANDUM OPINION

Henry Pittman was charged by indictment with the third-degree felony offense of theft, third offender. // Pittman entered a plea of guilty without an agreed recommendation of punishment. As a result of two enhancement paragraphs, to which Pittman entered a plea of true, the court sentenced him to thirty years in prison. // In a single point of error Pittman contends that the court erred in considering the enhancement paragraph that alleged a prior conviction for unauthorized use of a vehicle. // Upon a conviction for theft under section 31.03(e)(4)(E) of the Penal Code, the defendant's punishment may be enhanced pursuant to section 12.42(d), provided the previous conviction used to enhance is for an offense other than theft. // Pittman argues that unauthorized use of a vehicle is a theft offense and, therefore, his previous conviction for this offense was improperly used for enhancement purposes. For the reasons expressed by the Austin Court of Appeals in Alexander v. State, we hold that the prior conviction for unauthorized use of a vehicle may be used to enhance the punishment pursuant to section 12.42(d) following a conviction for theft under section 31.03(e)(4)(E). // Accordingly, Pittman's point of error is overruled.

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We affirm the judgment. BOBBY L. CUMMINGS Justice

Before Justice Cummings and Justice Vance (Chief Justice Thomas not participating) Affirmed Opinion delivered and filed November 18, 1992 Do not publish

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