Ambers v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a rape conviction, where the punishment was assessed at ninety-nine (99) years by the jury.

In his sole contention appellant contends the trial court erred at the penalty stage of the trial when it failed to charge the jury that the range of punishment governing the instant offense was that of a second degree felony under the new Penal Code (effective January 1,1974), despite his timely presented written motion for election of punishment.

The appellant was indicted on July 16, 1973, with the one count indictment alleging that on or about July…