Jimmy Ollie Jenkins v. State Texas

The offense is sodomy; the punishment, ten (10) years. Appellant's first ground of error relates to proof of his four prior convictions. Two were used to impeach him, on cross-examination, at the guilt or innocence phase and all four were introduced at the punishment phase. He claims that three of the convictions are void because they do not indicate that appellant was represented by counsel or that he waived counsel at those prior proceedings and that the fourth conviction is void under Stanley v. Georgia, 89 S. Ct. 1243, 394 U.S. 557, 22 L. Ed. 2d 542. An examination of the record reveals that appellant did not interpose an objection to the use or introduction of the prior convictions. Logan v. State, 482 S.W.2d 229; Nicholson v. State, 475 S.W.2d 773; Chaney v. State, 464 S.W.2d 653. further, in regard to the contention concerning lack of counsel we observe that appellant offered no proof that he was indigent at the time of those prior convictions or that he had not waived the right to counsel. Green v. State, 474 S.W.2d 212; Vera v. State, 473 S.W.2d 22; Taylor v. State, 470 S.W.2d 663.