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SIMMONS v. STATE

No. 51387.

548 S.W.2d 386 (1977)

Tommy SIMMONS, Appellant, v. The STATE of Texas. Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 16, 1977.

Attorney(s) appearing for the Case

Robert H. Spicer, San Antonio, for appellant.

Ted Butler, Dist. Atty., Federico G. Rodriguez, C. Michael Schill and Douglas C. Young, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for aggravated robbery, habitual. Trial was before a jury on a plea of not guilty, and the jury found appellant guilty. It also found that he had been twice previously convicted of felonies as charged in the indictment; the court then assessed his punishment at life. The offense occurred on April 30, 1974 and trial commenced on November 13, 1974.

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