Pemberton v. State

OPINION

CLINTON, Judge.

This is an appeal from a plea of guilty to the offense of aggravated robbery where the jury assessed punishment at confinement in the Texas Department of Corrections for five years notwithstanding appellant’s sworn motion for probation.

At the outset, appellant advances the contention that the trial court erred in permitting the State to ask an improper “have you heard” question while cross-examining one of appellant’s reputation witnesses at the punishment stage of the proceedings. Specifically, appellant contends that the question constituted an improper assertion of…