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478 S.W.2d 456

Goudeau v. State

Court of Criminal Appeals of Texas · decided 1972-04-05

Cited by 5 later decisions — most recently December 1981

5 state decisions

Relies on Darden v. State · Sills v. State · Lambright v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-04-05

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¶1OPINION

DAVIS, Commissioner.

¶2This is an appeal from a conviction for robbery by assault. The appellant, after being duly admonished, entered a plea of guilty before the court and punishment was assessed at fifty years.

¶3Appellant’s counsel points out that this appeal is prompted by appellant’s contention that the sentence was not just or fair.

¶4A teller at the MacGregor Park National Bank, in Houston, on May 6, 1970, Mrs. Vivian Gremillion, testified that appellant came to the bank on said date dressed as a woman and told her: “I want you to know I am no woman, and I have a gun.” Mrs. Gremillion further testified that appellant asked for “all of my twenty’s and hundred’s” and that she gave appellant a little over four thousand dollars.

¶5The penalty range for robbery by assault, under Art. 1408, Vernon’s Ann.P.C., is by punishment in the penitentiary for life or for any term of years not less than five. The sentence imposed on appellant was well within the limits authorized by law and is not so excessive, cruel, and unusual as to violate constitutional protection. Sills v. State, Tex.Cr.App., 472 S.W.2d 119; Darden v. State, Tex.Cr.App., 430 S.W.2d 494; Lambright v. State, Tex.Cr.App., 318 S.W. 2d 654. No error is shown.

¶6The judgment is affirmed.

¶7Opinion approved by the court.

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