Cherry v. State

OPINION

ROBERTS, Judge.

Appellant was convicted of the offense of theft over $50.00; the punishment enhanced under Art. 62, Vernon’s Ann.P.C. was assessed at 10 years’ confinement.

Appellant raises six grounds of error, only two of which will be considered in light of the result reached.

In appellant’s fourth ground, he complains of the following argument made by the prosecutor at the guilt/innocence stage of the trial:

“I beleve that y’all know that the real reason we tried this case was not to determine guilt or innocence, but to determine what kind of punishment that is going to be set on this…