Gaines v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery by assault with punishment assessed by the jury at life.

The sufficiency of the evidence is not challenged.

Appellant’s first ground of error is that the State “ * * * improperly used a probated sentence that he had received in the punishment phase of the trial.” He contends that since it was not a final judgment and had not been revoked, it could not be used against him. This contention is clearly without merit in view of Art. 37.07, § 3, Vernon’s Ann.C.C.P., wherein paragraph A provides that at a hearing on the punishment,…