Montalvo v. State

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for aggravated robbery. Appellant entered a plea of guilty before a jury, which assessed his punishment at eighteen years in the Texas Department of Corrections. 1

In his first ground of error, appellant contends that the trial court erred in failing to withdraw on its own motion appellant’s plea of guilty, when a factual issue of appellant’s guilt was raised during his testimony.

Appellant was convicted of aggravated robbery under V.T.C.A. Penal Code, Section 29.02, which provides:

“(a) A person commits an offense if, in the course…