Holden v. State

LATTIMORE, Judge.

— Appellant was convicted in the district cdurt of Eastland county of theft, and his punishment fixed at four years in the penitentiary. °

The judgment directs that appellant be confined in the State penitentiary for a period of not less than four nor more than four years. In some way the sentence that appears in this record sentences appellant to confinement in the'penitentiary for a term of not less than five nor more than five years. The sentence as it appears is not in conformity with the judgment, and neither the sentence nor the judgment is in conformity with the…