Coffey v. State

OPINION

DALLY, Commissioner.

The conviction is for robbery; the punishment, enhanced under the provisions of Art. 62, Vernon’s Ann.P.C., life.

The appellant contends that the judgment of conviction alleged for enhance ment of punishment is void and that it therefore could not be used for the purpose of enhancement. We agree.

The appellant’s conviction in that case was based upon a plea of guilty entered on January 29, 1965. The punishment was assessed at two years’ confinement and the appellant was placed on probation. The record shows that a report of probation violation was filed on March 10,…