Jones v. State

I respectfully dissent.

In two grounds of error, appellant contends that the trial court erred in failing to allow the jury to assess his punishment, and that the evidence is insufficient to support his conviction. I agree with the majority that the evidence is sufficient to support his conviction, but would hold that the trial court erred in denying appellant’s motion for the jury to assess punishment. Accordingly, I would reverse and remand for a new trial.

The trial record as approved by the trial court and filed in this court shows that the case was called for trial and tried on May 19,…