JUAREZ v. STATE

No. 41883.

439 S.W.2d 346 (1969)

Gilbert JUAREZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 23, 1969.


Attorney(s) appearing for the Case

Bill Howell, Bill Sherbert, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Daniel L. McCairns, Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is aggravated assault; the punishment, 9 months.

Trial was had before the court.

Appellant's first ground of error is that the trial court erred in considering evidence of appellant's prior criminal record on the issue of guilt or innocence. There is an entire absence of any showing that the court considered the prosecutor's statement, made prior to an announcement of ready, that appellant had a prior...

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