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REED v. STATE

No. 59136.

595 S.W.2d 856 (1980)

Dan Burton REED, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied April 9, 1980.

Attorney(s) appearing for the Case

E. M. Dellinger, Houston, for appellant.

Carol S. Vance, Dist. Atty., Calvin A. Hartmann and Frank Harmon, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS, PHILLIPS and DALLY, JJ., and KEITH, Commissioner.

OPINION

QUENTIN KEITH, Commissioner.

Appellant was indicted for the offense of aggravated robbery and the indictment contained an enhancement paragraph charging a prior conviction under the 1925 Penal Code of robbery by assault. Appellant pleaded not guilty but was found guilty by the jury. After having pleaded "not true" to the enhancement count, the jury found the allegation to have been proved and assessed his punishment at confinement for life.

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