Juarez v. State

OPINION

MORRISON, Judge,

The offense is aggravated assault; the punishment, 9 months.

Trial was had before the court.

Appellant’s first ground of error is that the trial court erred in considering evidence of appellant’s prior criminal record on the issue of guilt or innocence. There is an entire absence of any showing that the court considered the prosecutor’s statement, made prior to an announcement of ready, that appellant had a prior arrest record when counsel for appellant and the prosecutor were present and a discussion arose over a motion for continuance. This was not evidence and even if…