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CLELAND v. STATE

No. 54100.

575 S.W.2d 296 (1978)

David Travis CLELAND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Dissenting Opinion On Motion For Rehearing Denied January 24, 1979.

Attorney(s) appearing for the Case

Antonia M. I. Ingversen, Houston, for appellant.

Carol S. Vance, Dist. Atty., Alvin M. Titus and Timothy P. Alecander, Asst. Dist. Attys., Houston, for the State.

Before ROBERTS, PHILLIPS and VOLLERS, JJ.

Dissenting Opinion On State's Motion For Rehearing Denied January 24, 1979.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery. After a trial by jury, the trial judge assessed the appellant's punishment at fifteen years' confinement in the Texas Department of Corrections.

The record reflects that the appellant sprayed mace in the eyes of the manager of a service station in Houston and took money from the cash register...

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