Bennett v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

ONION, Judge.

On rehearing appellant complains for the first time of the trial court’s failure to give him credit on his sentence for the time spent in confinement. He relies upon North Carolina v. Pearce—Simpson v. Rice, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed. 2d 656, followed by this Court in Ex parte Ferrell, Tex.Cr.App., 445 S.W.2d 729. See also State of Missouri v. Carter, 443 S.W.2d 176 (Mo.).

At appellant’s first trial, the jury assessed his punishment at eight years’ confinement in the Texas Department of Corrections. Such conviction was set…