GAINES v. STATE

No. 44845.

479 S.W.2d 678 (1972)

Van Jerome GAINES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 3, 1972.


Attorney(s) appearing for the Case

Kenneth L. Sanders, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and James C. Larkin, Jr., Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery by assault with punishment assessed by the jury at life.

The sufficiency of the evidence is not challenged.

Appellant's first ground of error is that the State "* * * improperly used a probated sentence that he had received in the punishment phase of the trial." He contends that since it was not a final judgment and had not been revoked, it could not be used against him...

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