Diaz v. State

OPINION

BULLOCK, Justice.

Appellant was convicted by a jury of murder, enhanced by a prior felony, and the jury assessed punishment at 45 years confinement and a $10,000 fine. She brings three grounds of error on appeal.

In her first ground, appellant alleges error in the assessed punishment which renders the verdict void. Appellant was sentenced under the provisions of Tex. Penal Code Ann. sec. 12.42(c) (Vernon 1981), which does not authorize the assessment of a fine. Where a verdict is not authorized by law, it is void at its inception and must be set aside. Bogany v. State, 661 S.W.2d 957…