Samaniego v. State

POWERS, Justice.

Robert Samaniego appeals his conviction for robbery. Tex.Pen.Code Ann. § 29.-02(a)(2) (1974). Appellant pleaded not guilty. The jury returned a verdict of guilty and following a separate hearing on punishment, fixed punishment at ten years imprisonment and a $1,000 fine. The judgment of conviction was entered accordingly.

Appellant filed an application for probation, wherein he alleged “that he ha[d] never been finally convicted of a felony in this or any other State, and that his general reputation is good.” (emphasis added) In the punishment phase of the trial, appellant…