Perry v. State

ON MOTION FOR REHEARING

SAM BASS, Justice.

This is an appeal from a conviction of murder. A jury trial was waived. The court found appellant guilty and assessed punishment at 45 years confinement.

We affirm the judgment on motion for rehearing, and withdraw our prior opinion dated June 11, 1987. The record has been supplemented with appellant’s authorization to disclose the pre-sentence investigation report to the judge prior to the court’s finding of guilt. Additionally, two affidavits by the court’s probation officer and the trial judge were included in the appellate record, stating that…