Legal Opinion
Pena v. State
Court of Criminal Appeals of Texas
Decided June 25, 1969No. 42175PublishedCited by 11 opinions
1Opinion of the Court
OPINION
DOUGLAS, Judge.
The conviction is for theft of property over the value of fifty dollars; the punishment, seven years.
No appellate brief was filed by retained counsel in the trial court as required by Article 40.09, Sec. 9, Vernon’s Ann.C.C.P. However, under Section 13 of the Article the plea of former conviction will be considered as unassigned error.
The plea was filed alleging that Pena had previously been convicted of burglary of a private residence at nighttime with intent to commit theft; that such prosecution arose out of the same transaction, upon which the prosecution for theft…
2Cases cited3 opinions
- Morgan v. DevineSupreme Court of the United States · 1915
- Morales v. StateCourt of Criminal Appeals of Texas · 1967
- Clark v. StateCourt of Criminal Appeals of Texas · 1910
3Cited by11 opinions
- Houston v. StateCourt of Criminal Appeals of Texas · 1977
- Bingham v. StateCourt of Criminal Appeals of Texas · 1975
- Jones v. StateCourt of Criminal Appeals of Texas · 1974
- Robinson v. StateCourt of Criminal Appeals of Texas · 1975
- George Braddock Ogle, II v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1979
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