Ragsdale v. State, 404 S.W.2d 597

Ragsdale v. State

404 S.W.2d 597

Tex. Crim. App.

1966

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OPINION

WOODLEY, Judge.

The offense is attempt at burglary; the punishment, 3 years.

The record is before us with-no statement of facts or bills of exception.

The punishment for the offense of attempt at burglary is not less than 2 nor more than 4 years confinement in the penitentiary (Art. 1402 P.C.).

The jury assessed appellant’s punishment at 3 years.

The sentence failed to give effect to the indeterminate sentence law (Art. 775 C.C.P.). It is reformed so as to order appellant’s confinement in the penitentiary for a term of not less than 2 years nor more than 3 years.

As reformed, the judgment is affirmed.