TELL v. STATE

No. 2-93-525-CR.

908 S.W.2d 535 (1995)

Anthony TELL, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled November 9, 1995.


Attorney(s) appearing for the Case

Peavy & Dara, P.C., and Don E. Peavy, Sr. Fort Worth, Ingrid K. Stamps, Fort Worth, for appellant.

Tim Curry, Criminal District Attorney, Betty Marshall and Charles M. Mallin, Assistant Chiefs of the Appellate Section, Helena F. Faulkner, Steve Wells, and James Cook, Assistants Fort Worth, for appellee.

Before CAYCE, C.J., and DAUPHINOT and RICHARDS, JJ.


OPINION

CAYCE, Chief Justice.

Anthony Tell was convicted by a jury of aggravated robbery with a deadly weapon. The jury found the enhancement paragraph to be "true" and assessed his punishment at confinement for seventy-five years and payment of a $1,000.00 fine. In four points of error, Tell contends: 1) the trial court erred in overruling a motion to suppress his identification in a lineup because he did not have an attorney present and the lineup was...

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