Moore v. State

OPINION

FENDER, Chief Justice.

Cleo L. Moore appealed his conviction of rape in which punishment was assessed at imprisonment in the Texas Department of Corrections for a period of fifteen years. On original submission to this Court, we reversed and remanded the cause for new trial. We held that the trial court abused its discretion by proceeding with the trial without the presence of Moore at trial since there was nothing in the record “to show at the time the court ruled that Moore’s absence was voluntary.” Moore v. State, 656 S.W.2d 206 (Tex.App. — Fort Worth 1983). On the State’s petition…