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MITCHELL v. STATE

No. 2-87-261-CR.

762 S.W.2d 355 (1988)

Michael MITCHELL, Appellant, v. STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

December 21, 1988.

Attorney(s) appearing for the Case

R.D. Rucker, Wichita Falls, for appellant.

Barry L. Macha, Dist. Atty., Wichita Falls, for appellee.

Before JOE SPURLOCK, II, HILL and KELTNER, JJ.

OPINION

HILL, Justice.

Michael Mitchell appeals his conviction by a jury of the offense of robbery. The court assessed his punishment, enhanced by two prior convictions, at twenty-five years in the Texas Department of Corrections. In three points of error, Mitchell contends: the evidence is insufficient to support his conviction; the trial court erred in refusing to dismiss the enhancement portion of his indictment as being violative of the Eighth Amendment...

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