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BOSTON v. STATE

No. 10-90-223-CR.

833 S.W.2d 334 (1992)

Darrell Lee BOSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied August 12, 1992.

Attorney(s) appearing for the Case

Steven A. Kelley, Waxahachie, for appellant.

Mary Lou Shipley, County and Dist. Atty., David A. Sloan, Asst. County and Dist. Atty., Waxahachie, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

CUMMINGS, Justice.

A jury convicted Boston of robbery enhanced by one prior felony conviction and assessed his punishment at twenty-five years in prison. In a single point Boston complains that the court erred by denying his request to make an opening statement to the jury immediately following the State waiving its opening statement. See Tex. Code Crim.Proc.Ann. art. 36.01(b) (Vernon Supp.1992). The State contends that Boston failed to preserve...

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