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PACE v. STATE

No. 01-81-0470-CR.

630 S.W.2d 765 (1982)

Joe PACE, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Granted April 28, 1982.

Attorney(s) appearing for the Case

John Gascoigne, Houston, for appellant.

Timothy G. Taft, Houston, for appellee.

Before WARREN, DUGGAN and PRICE, JJ.

WARREN, Justice.

Appellant was convicted by a jury of robbery; his punishment, enhanced by a prior felony conviction, was assessed at confinement for 25 years.

The question is whether appellant made a timely election to have the jury assess punishment.

Tex.Code Crim.Pro.Ann. art. 37.07 § 2(b) provides in part:

... it shall then be the responsibility of the judge to assess the punishment applicable to the offense; provided, however, that...

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