Legal Opinion

Quiller v. State

Court of Criminal Appeals of Texas

Decided November 1, 1967No. 40678Published

1Opinion of the Court

OPINION

DICE, Judge.

The conviction is for burglary; the punishment, enhanced under Art. 62, Vernon’s Ann.P.C., by reason of a prior conviction for an offense of like character, twelve years.

Appellant’s sole ground of error is that the sentence in the prior conviction introduced in evidence by the state is void because it fixed his punishment for an indefinite term of “not less than Two nor more Ten years” in the Department of Corrections.

The sentence properly applied the indeterminate sentence law, Art. 42.09, Vernon’s Ann.C.C.P., and is not void. The judgment in the prior conviction assessed…

2Cases cited1 opinion

  1. Ex parte RodriguezCourt of Criminal Appeals of Texas · 1959

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