Chavez v. State

OPINION

ROBERTS, Judge.

The appellant was indicted for the offense of rape, alleged to have occurred on July 6, 1965. He plead “guilty”, and was assessed the death penalty by a jury on December 14, 1965. We affirmed the original appeal. See Chavez v. State, 408 S. W.2d 714 (Tex.Cr.App.1966). Subsequently, we granted a writ of habeas corpus and remanded the appellant for a new trial. See Ex parte Chavez, 482 S.W.2d 175 (T ex. Cr. App.1972).

The case was retried on February 6, 1973, at which time appellant plead “Not Guilty.” The jury found him guilty, and the court assessed his penalty at sixty…