No. 53433.

545 S.W.2d 461 (1976)

Robert Lee WASHINGTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 15, 1976.

Attorney(s) appearing for the Case

Jim Tatum, Houston, for appellant.

Carol S. Vance, Dist. Atty., William W. Burge, Harris County Asst. Dist. Atty., and Edward A. Dodd, Asst. Dist. Atty., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


DAVIS, Commissioner.

Appeal is taken from a conviction for theft of property of the value of over two hundred dollars and under ten thousand dollars. Trial was before the court upon a plea of guilty. Punishment was assessed at three years.

In a sole ground of error, it is urged that, "Appellant, after mutual mistake on part of prosecution and defense as to facts which would materially affect the sentence to be imposed, should be allowed to...

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