Pigg v. State

OPINION

JACKSON, Commissioner.

Appellant was convicted on a plea of guilty of robbery by assault; punishment was assessed by the jury at twenty-eight (28) years.

The case presents fundamental error which must be considered in the interest of justice. See Art. 40.09, § 13, Vernon’s Ann.C.C.P.

The record reflects that upon learning of the appellant’s desire to plead guilty to the charge the court admonished the appellant in the following manner:

“THE COURT: You understand if you plead guilty and persist in pleading guilty this jury upon proper evidence would have to find you guilty ?

“MR. PIGG: Yes,…