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CLEMONS v. STATE

No. 47317.

501 S.W.2d 92 (1973)

Odell CLEMONS, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 14, 1973.

Attorney(s) appearing for the Case

Ray Montgomery, Houston, for appellant.

Carol S. Vance, Dist. Atty., and Phyllis Bell and Bert Graham, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

CHADICK, Commissioner.

Odell Clemons, Jr., was indicted and tried for the offense of robbery by assault. He was found guilty by a jury and thereafter the same jury tried the issues raised by the enhancement allegations of the indictment and found Clemons was the same person who, prior to the commission of the robbery offense alleged in the indictment, "had been convicted of the offense of theft, a felony...

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