Prudhomme v. State

OPINION

DOUGLAS, Judge.

These are appeals from three convictions for the sale of marihuana. The punishment in each case was assessed at five years.

In Cause No. 27,766 in the trial court, the-plea was not guilty and the punishment was assessed by the jury. In Causes Nos. 27,759 and 27,782, the pleas were guilty and the court assessed the punishment in each case at five years. All the sentences were to run concurrently.

We have concluded that the convictions upon the pleas of guilty cannot stand because certain provisions of Article 26.13, Vernon’s Ann.C.C.P., and the decision of the Supreme Court…