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McWHERTER v. STATE

No. 58769.

571 S.W.2d 312 (1978)

David Wayne McWHERTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

Motion for Rehearing Denied October 18, 1978.

Attorney(s) appearing for the Case

John W. O'Dowd, Houston, for appellant.

Carol S. Vance, Dist. Atty., Calvin A. Hartmann and Robert N. Burdette, Asst. Dist. Attys., Houston, for the State.

Before ONION, P. J., and PHILLIPS and TOM G. DAVIS, JJ.

State's Motion for Rehearing En Banc Denied October 18, 1978.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for aggravated robbery, wherein the jury assessed the punishment at fifty (50) years' confinement in the Department of Corrections.

Initially, appellant contends the court reversibly erred in denying his request to change his plea from "guilty" to "not guilty" made before the retirement of the jury. We agree and...

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