
    SHIELDS v. STATE.
    (No. 11954.)
    Court of Criminal Appeals of Texas.
    June 13, 1928.
    Criminal law <§=l 126 — Record showing no complaint of proceedings setting aside suspended sentence and cumulating sentence with sentence under later conviction, judgment will be affirmed.
    Where record showed no complaint of proceedings setting aside suspended sentence given defendant in 1926, and in pronouncing sentence upon him for offense of which he was then convicted, and further cumulating with that sentence the sentence given him in case tried and in which he was convicted in 1928, judgment will be affirmed.
    Appeal from District Court, Eanuin County ; George P. Blackburn, Judge.
    Tot Shields was convicted for burglary, and he appeals.
    Affirmed.
    Cunningham & Eipscomb, of Bonham, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   LATTIMORE,. J.

Conviction for burglary; punishment, five years in the penitentiary.

If we comprehend the record in this case, it presents appellant’s objection to the action of the trial court in setting aside a suspended sentence given him in 1926, and in pronouncing- sentence upon him for the offense of, which he was then convicted, in accordance with the verdict of the jury in that ease, and in further cumulating with that sentence the sentence now given him in a case tried and in which he was convicted in January, 1928.

We find in the record no complaint of any proceeding had upon either trial. There is no contention but that appellant was finally convicted of a felony in January, 1928, and given two years in the penitentiary. There is no complaint of the regularity of the motion thereafter made by the state’s attorney, setting up the facts, and asking that appellant be brought before the court, and that the suspension of his former sentence in 1926 be set aside, and that upon a hearing of this motion by proper order the court direct appellant to be brought before it, and in due course of law set aside the sentence formerly suspended and pronounce same in open court,

There appearing no just ground of complaint of any of the proceedings, the judgment will be' affirmed,  