Garrett v. State

OPINION

BIERY, Justice.

John Edward Garrett, appellant, was convicted by a jury of the offense of burglary of a habitation; punishment was assessed by the trial judge at ninety-nine years in prison.

Appellant presents one point of error in which he contends the trial court erred in sentencing him without first having prepared a presentence report pursuant to TEX.CODE CRIM.PROC.ANN. art. 42-12, § 9(i) (Vernon Supp.1991). Appellant contends the statute is mandatory when it appears to the court that a person convicted of a felony has a mental impairment, and evidence of “mental illness” is the…