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427 S.W.2d 867

Lowe v. State

Court of Criminal Appeals of Texas · decided 1968-05-15

Cited by 5 later decisions — most recently June 1977

5 state decisions

Relies on Smothermon v. State · Gaines v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1968-05-15

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¶1OPINION

DICE, Judge.

¶2Appellant was charged by indictment in separate counts with the offenses of forgery and passing as true a forged instrument in writing.

¶3Upon his plea of guilty and waiver of a trial by jury, he was convicted and assessed punishment at confinement in the penitentiary for a term of three years.

¶4A personal affidavit has been filed by appellant requesting the dismissal of his appeal.

¶5We decline to grant the request, in view of the erroneous recitation in both the court’s judgment and sentence that appellant was adjudged guilty of the offense of “Forgery & Passing.” Gaines v. State, Tex.Cr.App., 231 S.W.2d 429 (#24921).

¶6The court was without authority to adjudge appellant guilty of the two separate offenses, but under the record the judgment and sentence may be reformed to recite that he is adjudged guilty of the offense of “forgery,” as charged in the first count of the indictment. Smothermon v. State, Tex.Cr.App., 383 S.W.2d 929. It is so ordered.

¶7As reformed, the judgment is affirmed.

MORRISON, J., dissents.
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