Dissenting Opinion to Denial of Rehearing of Judge Benavides April 1, 1992.
OPINION ON STATE'S AND APPELANT'S PETITIONS FOR DICRETIONARY REVIEW
MALONEY, Judge.
Appellant was charged by indictment with aggravated robbery, V.T.C.A. Penal Code, § 29.03, enhanced by a prior conviction for aggravated robbery, V.T.C.A. Penal Code, § 12.42(c). A jury found the appellant guilty and the trial court assessed punishment at forty (40) years confinement...
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