Opinion
No. 20443.
May 31, 1939.
1. — Appeal — Affirmance.
Where the record was before appellate court without a statement of facts or bills of exception, no question was presented for review.
2. — Sentence Reformed — Indeterminate Sentence Law.
Where trial court in pronouncing sentence for felony theft failed to give effect to the Indeterminate Sentence Law and directed confinement in penitentiary for three years, sentence would be reformed to direct defendant's confinement in the state penitentiary for not less than two years nor more than three years.
Appeal from District Court of Kaufman County. Hon. G. O. Crisp, Judge.
Appeal from conviction for felony theft; penalty, confinement in penitentiary for three years.
Judgment of conviction reformed, and affirmed as reformed.
The opinion states the case.
Barnes, McElroy Hudspeth, of Kaufman, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for felony theft; punishment assessed is confinement in the state penitentiary for a term of three years.
The record is before us without a statement of facts or bills of exception, hence no question is presented for review.
We observe that in pronouncing sentence against appellant the court overlooked giving effect to the indeterminate sentence law as provided in Art. 775, Vernon's Ann. C. C. P., and directed the confinement of appellant in the penitentiary for three years. The sentence will be reformed to direct appellant's confinement in the penitentiary for not less than two years nor more than three years, and as thus reformed the judgment is affirmed.