The opinion
ON RELATOR’S motion for rehearing
WOODLEY, Judge.
Relator insists that the absence of his counsel at the time sentence was pronounced entitles him to release from the penitentiary. We do not agree.
The facts certified by District Judge Newman show that appellant’s counsel advised the court that neither he nor his client desired to appeal and that he did not desire to be present when the defendant was sentenced. It is further certified that appellant’s counsel was absent of his own will and volition.
The sentence shows on its face that relator was brought into open court for the purpose of having sentence pronounced; that he was asked whether he had anything to say why sentence should not be pronounced and he answered nothing in bar thereof.
The absence of relator’s counsel, under the facts certified, is not fatal to the conviction.
Relator’s motion for rehearing is overruled.