Montoya v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for passing as true a forged instrument. The punishment was assessed by the jury at four years.

The sufficiency of the evidence is not challenged.

The record reflects that on the 29th day of September, 1969, the appellant passed a forged check in the sum of $55.00 purportedly signed by Don Williams to Joe Mack Wagnon in a grocery store at Muleshoe.

At the penalty stage of the trial it was shown that appellant had been convicted on the 8th day of October, 1968, for passing as true a forged instrument in Bailey County and his punishment was…