Middleton v. State

OPINION

ROBERTS, Judge.

This is an attempted appeal from a conviction for attempted murder. Punishment was assessed at five (5) years.

On January 21, 1975, appellant waived trial by jury and entered a plea of guilty before the court. Because of an application for probation, a pre-sentence investigation was ordered. On March 7, 1975, the court assessed punishment and immediately imposed sentence.

In his first ground of error, appellant contends that he was deprived of his right to file a motion for new trial within ten days after punishment was assessed. We agree.

In Woods v. State, 532 S.W.2d 608,…