Ceaser v. State

OPINION

KEITH, Justice.

Appellant was convicted of the offense of robbery and the court assessed his punishment at confinement for ten years. There is no challenge to the sufficiency of the evidence and only a question of law is presented by the single ground of error.

The trial court conducted a pretrial hearing in accordance with Art. 28.01, V.A.C. C.P., and it is undisputed that appellant did not prior to such hearing file a motion electing to have the jury fix his punishment in the event he was convicted of the crime. However, before selection of the jury or the pleading to the indictment,…