Martinez v. State

OPINION ON STATE’S MOTION FOR REHEARING

DALLY, Commissioner.

Each appellant was convicted for the theft of personal property under the value of five dollars; the punishment for each, a fine of twenty-five dollars.

On original submission the causes were remanded, by a per curiam opinion, for proper sentences, because the record reflects that the sentence was imposed upon each appellant in absentia. The State urges that it was unnecessary to remand the cases because the offenses were punishable by a fine only. See Millman v. State, 487 S.W. 2d 750 (Tex.Cr.App. 1972).

We have re-examined the record…