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HALIBURTON v. STATE

Nos. 55038, 55039.

578 S.W.2d 726 (1979)

Ricky Eugene HALIBURTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

March 28, 1979.

Attorney(s) appearing for the Case

Dalton C. Gandy, court appointed, Fort Worth, for appellant.

Tim C. Curry, Dist. Atty., Joseph Drago, III, David B. Lobingier and Marvin Collins, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, PHILLIPS and W. C. DAVIS, JJ.

OPINION

W. C. DAVIS, Judge.

A joint trial of two separate aggravated robbery indictments arising from the same criminal episode resulted in the conviction of appellant in both cases. The jury assessed punishment at thirty years confinement in each case. Appellant complains that the trial court improperly instructed the jury during the punishment phase that the sentences on both charges would run concurrently. V.T.C.A. Penal Code, Sec. 3.03. We affirm.

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