Garza v. State

OPINION

ROBERTS, Judge.

Appellant waived trial by jury and entered a plea of guilty before the court to the offense of attempted murder. A plea of “true” was made to the third paragraph of the indictment which alleged a 1936 conviction for murder for the purposes of enhancing punishment under V.T.C.A., Penal Code, Sec. 12.42(b). The second paragraph of the indictment, which alleged a 1941 conviction for assault with intent to commit murder with malice, was abandoned and dismissed. Upon conviction the court assessed punishment at imprisonment for ten (10) years under Sec. 12.42(b), supra.

Appellan…