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491 S.W.2d 667

Rios v. State

Court of Criminal Appeals of Texas

Decided March 14, 1973

Court of Criminal Appeals of Texas · decided 1973-03-14

Decided 1973-03-14

¶1OPINION

ROBERTS, Judge.

¶2Appellant seeks relief from a conviction for the offense of assault with intent to commit murder. After appellant had entered a plea of guilty, punishment was assessed at five years’ confinement.

¶3On November 9, 1972, the trial court approved the record in this cause. There is no indication that appellant ever filed a brief with the trial court; there is no suggestion of indigency; a brief was filed in our Court on February 23, 1973. This pro*668cedure is not in accordance with Art. 40.09, Vernon’s Ann.C.C.P.

¶4Nevertheless, we have examined the one ground of error in appellant’s brief and find it wholly without merit.

¶5Appellant pled guilty to the charge and he was duly admonished before the plea was accepted. There is no error presented.

¶6No motion for rehearing will be entertained or filed with the clerk without leave of this Court first being obtained after good cause has been shown.

¶7The judgment is affirmed.

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