Jimenez v. State

WHITHAM, Justice.

Appellant appeals from a conviction for murder in which punishment was assessed at life imprisonment in the Texas Department of Corrections and a $10,000.00 fine. In his fourth ground of error appellant contends that the trial court erred in failing to grant appellant’s motion for continuance *783alleging that appellant’s counsel was scheduled to enter the hospital the next day for the surgical removal of a carcinoma the following morning. We agree. Accordingly, we reverse and remand.

Appellant’s case was set for trial on November 10, 1980. On that day appellant’s counsel filed a…