Ring v. State

OPINION

ONION, Judge.

This is an appeal from a conviction for the unlawful possession of codein with the punishment assessed at two (2) years’ confinement in the Texas Department of Corrections.

Although appellant does not complain thereof, we note at the outset a somewhat unusual procedure was here employed. It appears appellant was accorded a bifurcated trial at his request upon a plea of guilty. On May 27, 1969, a jury was empaneled and heard evidence on appellant’s plea. The court instructed the jury to return a verdict of guilty and they did. They were not, however, permitted to assess…