Brown v. State

OPINION

VOLLERS, Judge.

In a trial before the court on a plea of nolo contendere appellant was convicted of aggravated rape. Punishment was assessed by the court at five years.

The record reflects that appellant was duly admonished of the consequences of his plea pursuant to Art. 26.13, V.A.C.C.P. and appellant and his counsel executed a written waiver and consent to stipulation of testimony and stipulations. Included in the stipulated evidence are the sworn statements of the prosecutrix and a female companion who was present at the time of the transaction. The statements reveal that on the…