Opinion
No. 39430.
March 9, 1966.
Appeal from the 18th Judicial District Court, Johnson County, Penn J. Jackson, J.
No attorney on appeal for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
OPINION
The offense is attempt at burglary; the punishment, 3 years.
The record is before us with no statement of facts or bills of exception.
The punishment for the offense of attempt at burglary is not less than 2 nor more than 4 years confinement in the penitentiary (Art. 1402 P.C.).
The jury assessed appellant's punishment at 3 years.
The sentence failed to give effect to the indeterminate sentence law (Art. 775 C.C.P.). It is reformed so as to order appellant's confinement in the penitentiary for a term of not less than 2 years nor more than 3 years.
As reformed, the judgment is affirmed.