VASQUEZ v. STATE

No. 44275.

477 S.W.2d 629 (1972)

Apolonio Ernesto VASQUEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 5, 1972.


Attorney(s) appearing for the Case

James P. Finstrom, Dallas, for appellant.

Henry Wade, Dist. Atty., and James Moss, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., and Robert Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction for possession of marihuana, second offense. Appellant plead guilty before the court on January 30, 1970, and his punishment was assessed by the court at ten years' confinement.

Appellant contends in his first ground of error that the trial court erred by sentencing him in accordance with Article 725b, § 23(1), Vernon's Ann.P.C., as amended, without first making a determination that...

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