Watts v. State

OPINION

KEITH, Commissioner.

Appellant was indicted on a two-count indictment, the first charging burglary of a habitation and an attempt to commit rape under V.T.C.A., Penal Code, Sec. 30.02(a)(3). The second count charged attempted rape. Appellant entered a plea of nolo contendere and there was no recommendation from State’s counsel as to his punishment. He executed a waiver of jury trial and a stipulation as to the evidence.

The trial court found him to be guilty on count one and assessed his punishment at confinement for fifteen years. Count two was dismissed.

Although he did not file a…