These two cases amply demonstrate that Kinney has sired conflicting cases; for, at the time Ex parte Montgomery, supra, was decided, Montgomery's punishment had not been successfully enhanced under Sec. 12.42(d), as Montgomery's life sentence had been set aside one week before in Montgomery v. State, supra. On October 11, 1978, still another panel of this Court decided Ex parte Hill, 571 S.W.2d 900 (Tex.Cr.App. 1978). There the petitioner had been given a life sentence under Art. 63, supra.
The rule which prohibits using a prior conviction more than once for enhancement purposes applies only when such double use is attempted by the State under the same statutory provision. Ex parte Hill, 571 S.W.2d 900 (Tex.Cr.App. 1978). Therefore, the use of the conviction under 21 U.S.C. ยง 174 for enhancement purposes was proper.