
    CUELLAR v. STATE.
    No. 23822.
    Court of Criminal Appeals of Texas.
    Dec. 3, 1947.
    Fred Kowalski, of Brownsville, for appellant.
    Ernest S. Goens, State’s Atty., of Austin, for the State.
   DAVIDSON, Judge.

The indictment charged appellant with the nighttime burglary of the private residence of Dr. Charles S. Amidon. There was also a count charging a prior conviction of an offense of like character.

Appellant waived trial by jury and pleaded guilty before the court. The proceedings touching the entry and receipt of a plea of guilty before the court are regular.

The trial court, after hearing the evidence, fixed punishment at confinement in the penitentiary for 99 years. Such punishment was authorized by Art. 1391, P.C., to be inflicted under the first or primary count. There is nothing to show that the allegation of a prior conviction entered into the punishment so fixed.

.The statement of facts in this case, not having been approved by the trial judge, cannot be considered by us. Lee v. State, 143 Tex.Cr.R. 190, 158 S.W.2d 499; Travis v. State, 145 Tex.Cr.R. 368, 168 S.W.2d 251; Young v. State, 147 Tex.Cr.R. 245, 179 S.W.2d 770.

No reversible error appearing, the judgment of the trial court is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.  