Johnson v. State

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, 10 years.

Upon a plea of guilty following the waiver of a jury, the court assessed the punishment. In his brief on appeal, appellant makes three contentions. First, he contends that the prosecutor recommended seven years, and he thought that such would be his sentence. We note that the careful trial court told appellant before he accepted his plea that he would not be bound by the recommendation of the lawyers. Second, he contends that the indictment against him was duplicitous and prejudicial. No motion to quash was…