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SIMMONS v. STATE

No. 43070.

457 S.W.2d 284 (1970)

Jimmy Don SIMMONS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 22, 1970.

Attorney(s) appearing for the Case

James H. Miller, Dallas (Court Appointed on Appeal Only), for appellant.

Henry Wade, Dist. Atty., Harry J. Schulz, Jr., W. T. Westmoreland, Jr., Edgar A. Mason and John B. Tolle, Asst. Dist. Attys., Dallas, and Jim D. Vollers State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, 35 years' confinement in the Texas Department of Corrections.

This cause was tried upon a plea of guilty before the court following waiver of a jury trial, and was heard by the trial court at the same time as the pleas of guilty in Simmons v. State, 457 S.W.2d 281 and Simmons v. State, 457 S.W.2d 283.

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