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JOHNSON v. STATE

No. 69170.

691 S.W.2d 619 (1984)

Elliott Rod JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied January 30, 1985.

Rehearing Denied March 20, 1985.

Attorney(s) appearing for the Case

Dexter Patterson (on appeal only), Nederland, for appellant.

James S. McGrath, Dist. Atty., and John R. DeWitt, Asst. Dist. Atty., Beaumont, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

W.C. DAVIS, Judge.

A jury convicted appellant of capital murder. The jury also answered "yes" to each of the three special issues and the court assessed punishment at death in accordance with Art. 37.071(e), V.A.C.C.P.

On April 8, 1982, appellant and three other men drove to Beaumont to commit a robbery. Appellant and one of the other men, Maurice Andrews, rendezvoused at a Schlotzsky's Sandwich Shop around noon and walked over to observe...

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