Simmons v. State

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, 15 years’ confinement in the Texas Department of Corrections.

The indictment charged the offense of robbery by assault with a firearm. Prior to trial on September 15, 1967, the State by written motion, approved by the court, waived and abandoned the firearm portion, the capital feature, of the indictment. Thereafter the appellant entered a guilty plea before the jury to the offense of robbery after he had been duly admonished by the trial judge as to the consequences of his plea. This appellant is also the appellant in…