WOODBERRY v. STATE

No. 53645.

547 S.W.2d 629 (1977)

Bobby Ray WOODBERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 9, 1977.


Attorney(s) appearing for the Case

Phil L. Adams, Dallas, on appeal only, for appellant.

Henry Wade, Dist. Atty., Sue Lagarde and Paul Maculuso, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of aggravated robbery, on a plea of guilty to a jury which assessed punishment at five years.

The sole complaint is that the court erred in not withdrawing the plea of guilty on its own motion after appellant took the stand and testified equivocally about his actions during the robbery, substantially claiming that he made no overt effort to rob the complaining witness.

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