O'Conner v. State

Court of Criminal Appeals of Texas

Decided May 25, 1966

Court of Criminal Appeals of Texas · decided 1966-05-25

Cited by 1 later decisions — most recently April 1968

1 state decisions

Relies on Reid v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1966-05-25

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¶1OPINION

DICE, Commissioner.

¶2The prior opinion affirming the judgment of conviction and the mandate issued thereon are withdrawn.

¶3Appellant was convicted, upon his plea of guilty and waiver of a trial by jury, of the offense of passing as true a forged instrument and his punishment was assessed at confinement in the penitentiary for a term of seven years.

¶4The punishment of seven years is not authorized by Art. 996, Vernon’s Ann.P.C., which prescribes a maximum punishment of five years in the penitentiary for the offense. Reid v. State, 171 Tex.Cr.R. 678, 353 S.W.2d 225.

¶5The judgment is reversed and the cause is remanded.

¶6Opinion approved by the court.