Dean v. State

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for robbery with firearms. Punishment was assessed by the jury at fifty years.

The sufficiency of the evidence is not challenged.

Appellant contends that the court erred in overruling appellant’s motion to exclude evidence of his prior conviction for which he had received a probated sentence.

Art. 37.07, Sec. 3(a), Vernon’s Ann.C. C.P. (1967), providing that prior criminal record of the defendant may be offered at the hearing on punishment, defines prior criminal record to mean a “final conviction in a court of record, or a probated…