Cuellar v. State

OPINION

DOUGLAS, Judge.

These are appeals from convictions in a joint trial for the offense of rape. The court assessed punishment for Cuellar, Guerra and Castillo at ten years each and for Duron at eleven years.

We reverse for the trial court’s failure to grant a legislative continuance.

The alleged crime occurred in November, 1971. Appellant Castillo, a juvenile, was certified by the juvenile court to be tried as an adult. The records reflect initially that the trial was set for June 5, 1972. On the 25th of May, 1972, Governor Preston Smith issued a proclamation calling a special session for…