Caballero v. State

WOODLEY, Presiding Judge.

Upon his plea of guilty before the court, a jury being waived, appellant was found guilty of assault with intent to murder with malice, and assessed a punishment of 15 years.

By agreement the case was tried jointly with two other felony charges against appellant, one for burglary and the other for felony theft, and the record shows that appellant was under a 10 year sentence when these cases were tried.

The trial judge did not see fit to follow the recommendation of the assistant district attorney prosecuting the case, that the punishment be assessed at 10 years in each…