Jones v. State

ON MOTION FOR REHEARING

AKIN, Justice.

The panel opinion is withdrawn and the following is the opinion of the court sitting en banc.

Defendant appeals from his conviction for forgery. Punishment, enhanced by two prior convictions, was assessed at life imprisonment. Defendant contends that the trial court erred in failing to allow him the opportunity to elect that the jury assess punishment and that the evidence is insufficient to support a conviction. We hold that we must presume that the trial judge ruled correctly in denying defendant the right to have the jury assess punishment because the…