Cook v. State
The appellant was found guilty of manslaughter. The jury returned a punishment verdict of six years' confinement with a recommendation that it be probated. The trial judge formally sentenced appellant. Nearly 45 minutes later, the same "jury" returned a second punishment verdict of six years' confinement with no recommendation that it be probated. The trial judge again sentenced appellant. The court of appeals held that the appellant was entitled to the relief asked for at trial — a mistrial — rather than the relief he asked for on appeal — reinstatement of the jury's original punishment verdict. The trial court's judgment is affirmed as modified to reflect the original sentence of six years' imprisonment with probation of the penitentiary time. Court of Criminal Appeals, No. PD-0344-12, 01-30-2013.