Court of Criminal Appeals of Texas, 1960

Rice v. State

Rice v. State
Court of Criminal Appeals of Texas · Decided January 27, 1960 · Davidson
331 S.W.2d 326; 1960 Tex. Crim. App. LEXIS 3122; 169 Tex. Crim. 18 (South Western Reporter, Second Series)

Rice v. State

Opinion of the Court

DAVIDSON, Judge.

This is an appeal from a conviction for robbery, with punishment assessed at confinement in the penitentiary for life.

The case was tried and sentence was passed upon appellant on July 17, 1952.

No appeal was taken from that conviction.

On July 14, 1959, approximately seven years after sentence had been passed, appellant was brought into court and resen-tenced. The reason for such resentencing was that by the first, or original, sentence β€œthe Defendant in this cause was not sentenced in the presence of his Attorney.”

It is from this resentence that appellant gave notice of appeal.

The record is before us without a statement of facts or bills of exception.

The original sentence was not invalid. If it were, however, the resentence should be treated as a correction of the first, or prior, sentence.

No reason appears for the reversal of this judgment.

The judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.