Legal Opinion

Borgers v. State

Court of Appeals of Texas

Decided April 20, 1982No. 07-81-0139-CRPublished

1Opinion of the Court

BOYD, Justice.

This is an appeal from a conviction for aggravated robbery. After appellant pleaded guilty, the jury assessed her punishment at 15 years. We affirm the judgment of conviction.

Appellant does not assail the sufficiency of the evidence to convict. In a single ground of error, however, she complains that the trial court erred in submitting a court’s charge on punishment over her objection that the term “indeterminate sentence law” should have been deleted. The instruction in question was admonitory in nature, and read as follows:

During your deliberations you are not to discuss or…

2Cases cited3 opinions

  1. York v. StateCourt of Criminal Appeals of Texas · 1978
  2. Pena v. StateCourt of Criminal Appeals of Texas · 1939
  3. Garcia v. StateCourt of Criminal Appeals of Texas · 1947

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