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BAIZE v. STATE

No. 01-89-00543-CR.

790 S.W.2d 63 (1990)

Andrew Berry BAIZE, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied May 31, 1990.

Attorney(s) appearing for the Case

C. Jack Maner, Tulsa, Okl., for appellant.

John B. Homes, Dist. Atty., Charles Rosenthal and Shane Phelps, Assts., Houston, for appellee.

Before HUGHES, BASS and O'CONNOR, JJ.

OPINION

HUGHES, Justice.

This is an appeal from a conviction for aggravated robbery. Appellant, Andrew Berry Baize, was tried with two co-defendants, and the jury found appellant guilty. The jury assessed punishment at 15 years confinement. We affirm the conviction, but reverse for a new trial on punishment.

Derek Spurlock was waiting for a bus around 1:00 a.m. on Westheimer, when a car containing four...

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