Cruz v. State

OPINION

BELCHER, Judge.

This is an out of time appeal resulting from the Fifth Circuit Court of Appeals decision in Cruz v. Beto, 391 F.2d 235 holding that the appellant was denied counsel on the original appeal of this case to this Court. Cruz v. State, 172 Tex.Cr.R. 1, 351 S.W.2d 226.

The conviction is for robbery by assault; the punishment, thirty-five years.

The appellant contends that the trial court erred in denying his timely application to subpoena and issue a bench warrant for his co-defendant Robert Baray Lopez for the reason that such ruling denied him his right to have compulsory…