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ATKINS v. STATE

No. 49155.

515 S.W.2d 904 (1974)

Charles ATKINS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 20, 1974.

Attorney(s) appearing for the Case

James H. Chesnutt, II, Beaumont, for appellant.

Tom Hanna, Dist. Atty., Stephen M. Rienstra, Asst. Dist. Atty., Beaumont, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery; the punishment, 22 years.

We are met at the outset with an allegation of deprivation of due process in that appellant was retried in this cause alone solely for vindictive purposes. We will state the sequence of events.

On the 19th day of April 1971, this appellant entered a plea of guilty to two indictments charging the offense of robbery. His punishment was assessed at 12 years in each case...

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