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AVILLA v. STATE

No. 46090.

493 S.W.2d 233 (1973)

Domingo AVILLA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 25, 1973.

Attorney(s) appearing for the Case

H. Edward Johnson (Court appointed), Fort Worth, for appellant.

Doug Crouch, Dist. Atty., William A. Knapp, Tim Evans and J. J. Heinemann, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of robbery. Punishment was assessed at thirty years.

Robert Ballard testified that on the 28th of February, 1971, he was awakened in his apartment at Fort Worth at approximately 3:00 A.M. by the appellant who had previously worked for him. The appellant was accompanied by a girl companion. Entrance to the apartment was gained by breaking a front window and opening the door. The...

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