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398 S.W.2d 570

Ponce v. State

Court of Criminal Appeals of Texas

Decided January 5, 1966

Court of Criminal Appeals of Texas · decided 1966-01-05

Cited by 1 later decisions — most recently May 1972

1 state decisions

Relies on 128 Tex. Crim. 6 - Garcia v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1966-01-05

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MORRISON, Judge.

¶1The offense is burglary; the punishment, three and one-half years.

¶2Appellant plead guilty and admitted his participation in the burglary and asked the jury to grant him a suspended sentence. The owner of the burglarized place of business testified, as did an officer, who chased appellant, until he abandoned his automobile wherein the stolen items were found. Appellant fled on foot and was arrested several months thereafter.

¶3On appeal he contends that the only reason the jury did not grant him a suspended sentence was certain testimony of the officer which he contends was improper. At the time such testimony was given, no objection was interposed. It was within the province of the jury to reject his plea for the suspension of his sentence for any reason they might decide was proper. Garcia v. State, 128 Tex.Cr.R. 6, 79 S.W.2d 133.

¶4Finding the evidence sufficient to support the plea of guilty and no reversible error appearing; the judgment is affirmed.

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