Tindel v. State

*136OPINION ON THE STATE’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted by a jury for robbery. The judge found true a prior conviction, entered an affirmative finding and assessed punishment at life imprisonment and a Five Thousand Dollar ($5,000.00) fine. On appeal, error was found in the punishment phase and the case was remanded for new punishment only. Tindel v. State, 777 S.W.2d 751 (Tex.App.—Beaumont, 1989). We granted the State’s petition on two grounds for review which challenge the need for a new punishment hearing under Art. 44.29(b), V.A.C.C.P.

On appeal,…