McGinnis v. State

BOYD, Justice.

Appellant David Michael McGinnis brings this appeal from his conviction of aggravated robbery and the consequent jury assessed punishment of forty years confinement in the Texas Department of Corrections.

In attacking the conviction, appellant contends the trial court erred in: (1) conducting the proceedings pertaining to the correction nunc pro tunc of the judgment and sentence in the absence of appellant; (2) in failing to charge the jury that appellant’s refusal to plead to the incident should not be considered as evidence of guilt; (3) in denying appellant’s motion for…