Fry v. State

OPINION

HUDSON, Justice.

Appellant was convicted by a jury of murder. The trial court assessed appellant’s punishment at confinement in the penitentiary for a term of 48 years. We affirm the court’s judgment.

In his first point of error, appellant contends the trial judge erred when he incorrectly advised him that he was eligible for “shock” probation. Prior to the commencement of trial, appellant elected to have the jury assess his punishment. After the jury found him guilty, appellant sought to change his election and have the court assess punishment. The State acceded to the request. Before…