Henson v. State

OPINION

ODOM, Judge.

The offense was burglary; the punishment, enhanced under Art. 63, V.A.P.C., confinement for life.

The sole ground of error raised by appellant’s appointed attorney is without merit. Our reading of the record, however, reveals a violation of the mandatory provisions of Art. 26.04, V.A.C.C.P. In the interest of justice, we will consider such violation as unassigned error, Art. 40.09(13), V.A.C.C.P., as we did in Crothers v. State, 480 S.W.2d 642.

The record reflects that appellant was initially indicted for burglary. Trial counsel was appointed on May 10, 1973. The State later…