Woerner v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

W. C. DAVIS, Judge.

Appellant was convicted by a jury of attempted burglary, under V.T.C.A. Penal Code, Secs. 15.01 and 30.02. Punishment was assessed at ten years imprisonment. An appeal followed, and this conviction was affirmed on April 5, 1978, by per curiam opinion. Appellant’s motion for rehearing was granted in order that we might, in the interest of justice, consider a contention not raised upon original submission.

The record reflects that appellant was tried with his co-defendant, George F. Jones, whose conviction was subsequently reversed by…