AMBERS v. STATE

No. 49568.

527 S.W.2d 855 (1975)

Buddy AMBERS, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 17, 1975.


Attorney(s) appearing for the Case

James P. Finstrom, Court appointed, Dallas, for appellant.

Henry Wade, Dist. Atty., Steve Wilensky and Hugh Lucas, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

ONION, Presiding Judge.

This is an appeal from a rape conviction, where the punishment was assessed at ninety-nine (99) years by the jury.

In his sole contention appellant contends the trial court erred at the penalty stage of the trial when it failed to charge the jury that the range of punishment governing the instant offense was that of a second degree felony under the new Penal Code (effective January 1, 1974), despite his timely presented...

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