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Ponce v. State

Court of Criminal Appeals of Texas
Feb 16, 1966
398 S.W.2d 570 (Tex. Crim. App. 1966)

Opinion

No. 38895.

January 5, 1966. Rehearing Denied February 16, 1966.

Appeal from the 119th Judicial District Court, Tom Green County, Glenn R. Lewis, J.

William Davenport, San Angelo, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


The offense is burglary; the punishment, three and one-half years.

Appellant plead guilty and admitted his participation in the burglary and asked the jury to grant him a suspended sentence. The owner of the burglarized place of business testified, as did an officer, who chased appellant until he abandoned his automobile wherein the stolen items were found. Appellant fled on foot and was arrested several months thereafter.

On appeal he contends that the only reason the jury did not grant him a suspended sentence was certain testimony of the officer which he contends was improper. At the time such testimony was given, no objection was interposed. It was within the province of the jury to reject his plea for the suspension of his sentence for any reason they might decide was proper. Garcia v. State, 128 Tex.Crim. R., 79 S.W.2d 133.

Finding the evidence sufficient to support the plea of guilty and no reversible error appearing, the judgment is affirmed.


Summaries of

Ponce v. State

Court of Criminal Appeals of Texas
Feb 16, 1966
398 S.W.2d 570 (Tex. Crim. App. 1966)
Case details for

Ponce v. State

Case Details

Full title:Victor PONCE, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Feb 16, 1966

Citations

398 S.W.2d 570 (Tex. Crim. App. 1966)

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