Zenon v. State

OPINION

DIES, Chief Justice.

Appellant was convicted of burglary and a repeated offense in a trial to the Court. The Court assessed punishment at fifty years in the Texas Department of Corrections and appellant now appeals from his conviction and sentence to this Court.

Ground of error number one reads:

“There is a fatal variance between the judgment and the actual proceedings.”

The judgment in this cause is incorrect. It recites that appellant plead guilty to the charge, and was admonished as required in TEX.CODE CRIM.PROC. art. 26.-13 (Vernon Supp.1982-1983). The true situation is set out in the…