ALEJANDRO v. STATE

No. 46383.

493 S.W.2d 230 (1973)

Robert ALEJANDRO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Dissenting Opinion on Rehearing April 11, 1973.

Rehearing Denied April 18, 1973.


Attorney(s) appearing for the Case

Grady Hight, Fort Worth, for appellant.

Doug Crouch, Dist. Atty., William W. Chambers, Charles E. Webb and Roger W. Crampton, Asst. Dist. Attys., Tim Curry, present Dist. Atty., Fort Worth, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ODOM, Judge.

Appellant entered a plea of guilty to the offense of unlawful possession of a narcotic drug, to-wit: marihuana; punishment was assessed by the jury at 25 years.

Complaint is made that reversible error was committed when the prosecutor went outside the record in his closing jury argument.

The record shows that appellant's counsel argued for a probated sentence, and stated:

"... this defendant will be best served...

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