Champion v. State

CONCURRING OPINION.

HAWKINS, Judge.

— I believe the opinion of the majority of the court in Bessett v. State, 180 S. W. 251, is erroneous. I am in full accord with the dissenting opinion of Judge Davidson in that case to the effect that a trial judge may not receive a verdict which as a part thereof recommends a suspended sentence and then enter a judgment which ignores such recommendation. It should be understood that Barnett v. State, 170 S. W. 143; Whitley v. State, 103 Tex. Cr. R. 413, 281 S. W. 544; Hemby v. State, 105 Tex. Cr. R. 126, 286 S. W. 1099; Bessett v. State (supra), and all…