SMITH v. STATE

No. 09-94-216CR.

930 S.W.2d 227 (1996)

John Fitzgerald SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided August 28, 1996.

Discretionary Review Refused October 23, 1996.


Attorney(s) appearing for the Case

James A. DeLee, Port Arthur, for appellant.

Tom Maness, Criminal District Attorney, Rodney D. Conerly, Assistant Criminal District Attorney, Beaumont, for state.

Before WALKER, C.J., and BURGESS and STOVER, JJ.


OPINION

STOVER, Judge.

Appellant was found guilty by a jury of aggravated robbery. Appellant subsequently pled "true" to the enhancement paragraphs contained in the indictment. The jury assessed punishment at fifty-five years' confinement in the Institutional Division of the Texas Department of Criminal Justice. Appellant timely perfected this appeal.

Points of error one and two challenge the admissibility of the in-court identification of appellant...

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