Williams v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for possession of marihuana where the punishment was assessed at 20 years.

Appellant contends that the trial judge did not properly assess punishment in that he followed the recommendation of the prosecuting attorney rather than his own review of the facts and his own reflections.

The indictment, in addition to allegations as to the primary offense, also alleged two prior burglary convictions for enhancement.

On October 12, 1970, the State, with the court’s consent, waived and abandoned that portion of the indictment relating to…