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407 S.W.2d 507

Andrews v. State

Court of Criminal Appeals of Texas

Decided October 26, 1966

Court of Criminal Appeals of Texas · decided 1966-10-26

Cited by 2 later decisions — most recently April 1969

2 state decisions

Relies on 169 Tex. Crim. 239 - Rogers v. State · 159 Tex. Crim. 81 - Guilliams v. State · Square v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1966-10-26

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¶1OPINION

WOODLEY, Judge.

¶2The offense is the unlawful possession of marihuana; the punishment, life.

¶3Trial was had and notice of appeal was given prior to January 1, 1966.

¶4The punishment was not assessed by the jury but was enhanced by two of the three prior convictions for the offense of burglary alleged in the indictment, one on October 17, 1936 and the other on January 17, 1942.

¶5Neither the transcript nor the statement of facts, agreed by counsel for the state and for appellant to contain a complete and correct transcript of all of the evidence adduced and the proceedings, reflects any stipulation or proof to sustain the allegation of the indictment that the conviction in 1942 was for a burglary committed after the conviction in 1936 became final.

¶6In the absence of such proof a life sentence under Art. 63 P.C. cannot stand. *508Square v. State, 142 Tex.Cr.R. 493, 154 S.W.2d 852; Harrison v. State, 168 S.W.2d 243; Guilliams v. State, 159 Tex.Cr.R. 81, 261 S.W.2d 598; Armendariz v. State, 163 Tex.Cr.R. 515, 294 S.W.2d 98; Cortez v. State, Tex.Cr.App., 314 S.W.2d 589; Rogers v. State, 169 Tex.Cr.R. 239, 333 S.W.2d 383; Hobbs v. State, 171 Tex.Cr.R. 607, 352 S.W.2d 836; Ferrell v. State, Tex. Cr.App., 397 S.W.2d 86; Lee v. State, Tex.Cr.App., 400 S.W.2d 909.

¶7The judgment is reversed and the cause is remanded.

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