FRANKLIN v. STATE

No. 60283.

640 S.W.2d 878 (1981)

Frank Herbert FRANKLIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 17, 1982.


Attorney(s) appearing for the Case

Barbara H. Fritz, court appointed on appeal only, Victoria, for appellant.

Knute L. Dietze, Dist. Atty., Lidia Serrata, Asst. Dist. Atty., Victoria, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, DAVIS and McCORMICK, JJ.


OPINION

McCORMICK, Judge.

This is an appeal from a conviction of aggravated robbery. Punishment, enhanced by two prior felony convictions, was assessed at life imprisonment. The sufficiency of the evidence to support the conviction is not challenged.

Appellant urges five grounds of error. However, the fifth ground of error points out fundamental error which requires reversal, so that is the only ground which will be discussed. The pertinent part...

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