Komurke v. State

OPINION

ODOM, Judge.

In a trial before the court appellant was convicted of sodomy under Art. 524, Vernon’s Ann.P.C. (1925). Appellant elected to have his punishment assessed under the new Penal Code, and the court, on proof of two prior felony convictions, assessed punishment at life imprisonment. V.T.C.A., Penal Code Sec. 12.42(d).

In a per curiam opinion delivered December 15, 1976, we affirmed this appeal because no brief was filed in the trial court as required by Article 40.09, Sec. 9, V.A.C.C.P., and our examination of the record disclosed no unassigned error requiring consideration in…