Miller v. State

OPINION

ROBERTS, Judge.

Appellant was found guilty by a jury of the offense of robbery with firearms. The punishment was set by the court at 99 years on March 28, 1969, but on August 14, 1970, an order was entered by the court reducing the punishment from 99 years to 40 years. Appellant was re-sentenced at that time.

This is appellant’s second trial for the same offense. His prior conviction was reversed by this Court. Miller v. State, 424 S.W.2d 430 (1968).

At the first trial, the penalty was set by a jury at forty years. On re-trial, the penalty was set by the court.

Appellant alleges as his…