PEMBERTON v. STATE

No. 61861.

601 S.W.2d 333 (1979)

Donald PEMBERTON, Appellant, v. The STATE of Texas, Appellee.

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

On Rehearing July 16, 1980.

Rehearing Denied September 17, 1980.


Attorney(s) appearing for the Case

Phillip O. Vick, Denton, for appellant.

Jerry Cobb, County Atty. and David Bays, Asst. County Atty., Denton, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, PHILLIPS and CLINTON, JJ.


OPINION

CLINTON, Judge.

This is an appeal from a plea of guilty to the offense of aggravated robbery where the jury assessed punishment at confinement in the Texas Department of Corrections for five years notwithstanding appellant's sworn motion for probation.

At the outset, appellant advances the contention that the trial court erred in permitting the State to ask an improper "have you heard" question while cross-examining one of appellant's reputation...

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