BARBER v. STATE

No. 04-81-00031-CR.

628 S.W.2d 104 (1981)

Jack Loeza BARBER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied February 3, 1982.

Discretionary Review Refused May 5, 1982.


Attorney(s) appearing for the Case

Rand Riklin, Nicholas & Barrera, Inc., San Antonio, for appellant.

Bill White, Dist. Atty., H. Wayne Campbell, Asst. Criminal Dist. Atty., San Antonio, for appellee.

Before KLINGEMAN, CLARK and BASKIN, JJ.


OPINION

BASKIN, Justice.

This is an appeal from a conviction for attempted capital murder. Two prior convictions, alleged for enhancement, were proven, and the court assessed punishment at life imprisonment under the mandate of Tex.Penal Code Ann. § 12.42(d) (Vernon 1974).

On February 17, 1977, appellant walked into Cindy's Lounge in San Antonio, holding Simon Chapa at gunpoint. The two men took a seat at a table in the relatively dark lounge...

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