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WILLIAMS v. STATE

No. 60735.

622 S.W.2d 95 (1981)

Robert Earl WILLIAMS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Dissenting Opinion to Denial of Motion for Leave to File Motion for Rehearing September 23, 1981.

Attorney(s) appearing for the Case

Ronald H. Tonkin, Houston, for appellant.

Carol S. Vance, Dist. Atty., Lewis Dickson, III, Alvin M. Titus, Mike Wilkinson, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ONION, P. J., and TOM G. DAVIS and CLINTON, JJ.

Dissenting Opinion to Denial of State's Motion for Leave to File Motion for Rehearing September 23, 1981.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated robbery. After finding appellant guilty, the jury assessed punishment at 15 years.

At the outset, we are confronted with fundamental error which requires reversal in this cause. The indictment in the instant cause alleges in pertinent part that on January 7...

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