PETRICK v. STATE

No. 01-91-00389-CR.

832 S.W.2d 767 (1992)

Patrick Dennis PETRICK, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied July 9, 1992.


Attorney(s) appearing for the Case

Charles E. Hill, III, San Francisco, Cal., for appellant.

John B. Holmes, Jr., Dist. Atty., Timothy G. Taft, Susan Brown, Glenn Gotschall, Asst. Dist. Attys., Houston, for appellee.

Before SAM BASS, MIRABAL and O'CONNOR, JJ.


OPINION

SAM BASS, Justice.

This appeal is from a conviction for aggravated robbery. After finding an enhancement paragraph true, the jury assessed punishment at 45-years confinement and a $5000 fine.

We reverse and remand for a new trial.

On the afternoon of October 16, 1986, Ms. Karen Shaunessy and Mr. Timothy Clingman were working at a Photomax store located at Gessner and 1-10. The phone rang at 5:45 p.m., and Mr. Clingman answered it...

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