Simmons v. State

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, 35 years’ confinement in the Texas Department of Corrections.

The indictment in Cause No. C-67-852-JI charged the offense of robbery by assault with a firearm. On September 15, 1967, the State by written motion, approved by the court, waived and abandoned the capital feature of the indictment. On that same date 1 the appellant waived trial by jury and entered a plea of guilty to the offense of robbery before the court after he had been duly admonished by the court of the consequences of his plea.

By agreement this cause was…