McFARLAND v. STATE

No. 64551.

605 S.W.2d 904 (1980)

James Gayle McFARLAND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied October 15, 1980.


Attorney(s) appearing for the Case

John Emmett Crow, Pasadena, for appellant.

John B. Holmes, Jr., Dist. Atty., Calvin A. Hartmann, and Richard Bax, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ODOM, TOM G. DAVIS and CLINTON, JJ.


OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for forgery by possession. Following his plea of guilty, appellant's punishment was assessed at six years.

At the outset, we are confronted with fundamental error which requires reversal in the interest of justice. Art. 40.09(13), V.A.C.C.P.

The indictment under which appellant was prosecuted alleges in pertinent part that appellant did:

"... unlawfully without authority...

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