MONTOYA v. STATE

No. 43494.

464 S.W.2d 853 (1971)

Ysidro Tovar MONTOYA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 24, 1971.


Attorney(s) appearing for the Case

Don W. Cihak, Muleshoe, for appellant.

Jack Young, Dist. Atty., Muleshoe, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for passing as true a forged instrument. The punishment was assessed by the jury at four years.

The sufficiency of the evidence is not challenged.

The record reflects that on the 29th day of September, 1969, the appellant passed a forged check in the sum of $55.00 purportedly signed by Don Williams to Joe Mack Wagnon in a grocery store at Muleshoe.

At the penalty stage of...

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