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SCHMIDT v. STATE

No. 63779.

641 S.W.2d 244 (1982)

Keith Wayne SCHMIDT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied December 8, 1982.

Attorney(s) appearing for the Case

Fred Dailey (Court-appointed), Henry R. Muller, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Carl Haggard and Ted Poe, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ODOM, Judge.

This is an appeal from a conviction of three counts of aggravated robbery as set out in the indictment. Punishment was assessed by the trial court at 35 years for each of counts one and two, and 65 years for count three, all sentences to run concurrently.

Omitting the formal portions, the first count of the indictment in the instant case alleges that appellant:

"on or about July 12, 1977, did then and there unlawfully...

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