Baker v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for the offense of credit card abuse. V.T.C.A., Penal Code, Sec. 32.31. Appellant waived trial by jury and entered a plea of guilty before the court. He was convicted and the court assessed punishment at imprisonment for five years in the Texas Department of Corrections.

Appellant’s court-appointed counsel has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit.

In reviewing the record we have, however, found fundamental error which requires our review in the interest of justice. Art. 40.09, Sec.…