Reed v. State

OPINION

GREEN, Commissioner.

The conviction is for burglary with intent to commit theft. Punishment was assessed at 12 years.

The sufficiency of the evidence is not challenged.

In his first ground of error, appellant, on appeal for the first time, contends that the appellant having waived his right to appeal from the judgment of November 2, 1973, “the waived rights could not be resurrected merely by filing a notice of appeal” and that the trial court was without power or jurisdiction to try him again on that charge. Hence, he claims that the trial in January 1974, from which this appeal is taken,…