Aguirre v. State

OPINION

SHARPE, Assigned Justice.

This is an appeal from a conviction for' the delivery of heroin. The trial was to a jury, which found appellant guilty. The court assessed punishment at fifty years, enhanced by proof of two prior convictions.

On June 23, 1976, the appellant was present during jury selection and the testimony of one witness, police officer Louis Martinez, when the court then excused the jury. The following day, appellant did not appear. The court directed as follows:

Would you see if he’s in jail or if he’s at the courthouse door and bring the jury. We’ll proceed.

Without…