Cobarrubio v. State

675 S.W.2d 749 (1983)

Joe Martinez COBARRUBIO, Appellant,

v.

The STATE of Texas, Appellee.

No. 63801.

Court of Criminal Appeals of Texas, En Banc.

January 12, 1983.

Rehearing Denied September 26, 1984.

Dennis W. McGill, Lubbock, for appellant.

John T. Montford, Dist. Atty. and Earl Harcrow, Asst. Dist. Atty., Lubbock, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

CLINTON, Judge.

Appeal is taken from a conviction for murder[1] in which the jury assessed punishment at 40 years confinement. We confront at the outset an error in…