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ROBERTS v. STATE

No. 211-85.

765 S.W.2d 789 (1989)

Vernon Walter ROBERTS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied March 1, 1989.

Attorney(s) appearing for the Case

Steven H. Swander, on appeal only, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and C. Chris Marshall and David K. Chapman, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Vernon Walter Roberts, henceforth appellant, was convicted by a jury of the offense of murder. The trial judge assessed appellant's punishment, enhanced with one prior felony conviction, at 62 years' confinement in the Department of Corrections.

On direct appeal, the Second Court of Appeals reversed the trial court's judgment of conviction after finding that the trial court erred in refusing...

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