Houston v. State

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for burglary. After the jury returned a verdict of guilty, punishment was assessed by the court at eight years.

Appellant urges that the court erred when if failed to accord court-appointed counsel ten days to prepare for trial.

The record reflects that counsel was appointed on October 21, 1971, and that the case was tried on October 26, 1971.

Article 26.04(b), Vernon’s Ann.C.C.P., provides:

“The appointed counsel is entitled to ten days to prepare for trial, but may waive the time by written notice, signed by the counsel and the…