Palomo v. State

MORRISON, Judge.

The offense is aggravated assault upon an officer; the punishment, one year in jail and a fine of $500.00.

Appellant plead guilty in the court below without the intervention of a jury.

Appellant here contends that the punishment is cruel and unusual and that the trial court abused his discretion when he assessed such punishment without hearing evidence.

Article 518, C. C. P., reads as follows:

“A plea of guilty in a misdemeanor case may be made either by the defendant or his counsel in open court. In such case, the defendant or his counsel may waive a jury, and the punishment may…