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LUCAS v. STATE

No. 01-85-00921-CR.

721 S.W.2d 467 (1986)

James Monrow LUCAS, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied January 26, 1986.

Attorney(s) appearing for the Case

Henry L. Burkholder, III Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., J. Harvey Hudson, Harris County Asst. Dist. Atty., Houston, for appellee.

Before COHEN, SAM BASS and DUNN, JJ.

OPINION

COHEN, Justice.

Appellant was charged in one indictment with two counts of aggravated robbery. Each count alleged a robbery against the same victim, but on different dates. Pursuant to Texas Penal Code section 3.04(a) (Vernon 1974), appellant's motion to sever was granted. On December 18, 1984, appellant was found guilty by a jury on the first count of the indictment. The court found the enhancement allegations true and assessed punishment at 45...

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