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ALBIAR v. STATE

No. 403-86.

739 S.W.2d 360 (1987)

Gilbert ALBIAR, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 4, 1987.

Attorney(s) appearing for the Case

Richard E. Langlois, San Antonio, for appellant.

Sam D. Millsap, Jr., Former Dist. Atty., and Mario Bordini and Daniel Thornberry, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

A jury convicted appellant of aggravated robbery and assessed punishment at five years' confinement in the Texas Department of Corrections. The Fourth Court of Appeals reversed the conviction, finding the argument of the prosecutor to invite speculation on the part of the jury as to evidence not in the record. The court further found such argument calculated to prejudice the rights of...

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