Williams v. State

OPINION

WOODLEY, Presiding Judge.

The offense is sodomy; the punishment, 8 years.

Trial was before a jury. Appellant pleaded not guilty and elected to have the punishment, if any, assessed by the court.

Appellant did not testify before the jury. At the hearing on punishment it was stipulated that he had been convicted and had served a term in the Texas Department of Corrections for felony theft, and had been convicted and served a term in jail for aggravated assault on a peace officer.

The state’s evidence before the jury reflects that appellant was living with the mother of seven children, one of…