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479 S.W.2d 287

Perez v. State

Court of Criminal Appeals of Texas · decided 1972-05-03

Cited by 1 later decisions — most recently October 1972

1 state decisions

Relies on Newell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-05-03

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¶1OPINION

DOUGLAS, Judge.

¶2These are appeals from convictions for the offenses of robbery by firearms upon pleas of guilty before the court. The State waived the death penalty. The punishment was assessed at fifteen years in each case.

¶3The appellant was duly admonished before he entered his pleas of guilty. Evidence was introduced to show the three completed offenses of robbery as alleged in the indictments.

¶4The sole complaint in each case is that the court erred in assessing the punishment of fifteen years, because the appellant was only seventeen years of age at the time of the commission of the offenses. The sentences were not cumulated.

¶5In Newell v. State, Tex.Cr.App., 461 S.W.2d 403, the conviction was for robbery by assault and the punishment was assessed at life. We held that the punishment was not cruel and unusual because it was within the limits provided for in Article 1408, Vernon’s Ann.P.C.

¶6In the present cases the punishments were much less than in the Newell case. There is nothing to indicate that the punishment was too severe or that the trial court abused its discretion.

¶7No error is shown. The judgments are affirmed.

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