Degay v. State

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, 10 years’ confinement in the Texas Department of Corrections.

On August 13, 1969, when this cause was called for trial the State waived and abandoned the second and third paragraphs of the indictment alleging prior non-capital felony convictions for the purpose of enhancement. The careful trial judge inquired of the appellant and his counsel if they had objections to such waiver and received a negative answer. The appellant personally answered “No objection, Your Honor.”

Thereafter the appellant entered a plea of guilty to…