Cook v. State

OPINION

in which MEYERS, PRICE, WOMACK, JOHNSON, and ALCALA, JJ., joined.

A jury convicted appellant of manslaughter and returned a punishment verdict of six years’ confinement with a recommendation that it be probated. The trial judge formally sentenced appellant. Nearly forty-five minutes later, the same “jury” returned a second punishment verdict of six years’ confinement with no recommendation that it be probated. The trial judge again sentenced appellant. What happened between those two formal sentencing pronouncements is only partially reflected in the record. On appeal, appellant sought…