GUY v. STATE

No. 42941.

455 S.W.2d 277 (1970)

James Ellis GUY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 24, 1970.


Attorney(s) appearing for the Case

Glen Sutherland, El Paso, for appellant.

Jamie C. Boyd, Dist. Atty., and Wanda E. Creamer, Asst. Dist. Atty., El Paso, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

WOODLEY, Presiding Judge.

The offense is attempted burglary; the punishment, 4 years.

Trial was before a jury on June 24, 1969, on a plea of not guilty. The court assessed the punishment.

Sentence was pronounced on July 3, 1969. On the same day motion for new trial was filed.

On July 25, 1969, appellant was re-sentenced.

Art. 44.08, Sec. (a), Vernon's Ann.C.C.P. provides: "It shall be necessary for defendant, as a...

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