McNABB v. STATE

No. 01-81-0621-CR.

640 S.W.2d 624 (1982)

Timothy Dale McNABB, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied September 23, 1982.


Attorney(s) appearing for the Case

Ronnie G. Harrison, Houston, for appellant.

Winston E. Cochran, Jr., Asst. Dist. Atty., Houston, for appellee.

Before EVANS, C.J., and DOYLE and STILLEY, JJ.


STILLEY, Justice.

The appellant was convicted of aggravated robbery. The jury assessed punishment at 50 years after a finding of true to one enhancement paragraph alleged in the indictment.

Because our review of the record reveals fundamental error, we reverse and remand.

The sufficiency of the evidence is not disputed. The complainant identified the appellant as the person who approached her outside her apartment, asked to use the phone, and later...

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