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SWOAPE v. STATE

No. 63212.

658 S.W.2d 600 (1983)

Samuel Kenneth SWOAPE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 26, 1983.

Attorney(s) appearing for the Case

Allen C. Isbell, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Michael C. Kuhn and R.P. Cornelius, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S MOTION FOR REHEARING

ONION, Presiding Judge.

Appellant was convicted on two counts in the same indictment of aggravated robbery. Punishment, enhanced by allegation and proof of one prior felony conviction, was assessed by the jury at fifty (50) years' imprisonment under the first count (first paragraph of the indictment) and at ninety-nine (99) years' confinement under count two (second...

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