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SMITH v. STATE

No. 09-97-208 CR.

966 S.W.2d 111 (1998)

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

Court of Appeals of Texas, Beaumont.

Decided March 25, 1998.

Attorney(s) appearing for the Case

James A. DeLee, Port Arthur, for appellant.

Tom Maness, Crim. Dist. Atty., Wayln G. Thompson, Asst. Crim. Dist. Atty., Beaumont, for state.

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

OPINION

WALKER, Chief Justice.

John Fitzgerald Smith appeals from a conviction for aggravated robbery, where the jury found Smith to be a repeat offender and sentenced him to thirty years of imprisonment in the Texas Department of Criminal Justice, Institutional Division. The sole point of error presents the issue: "Whether the State's jury argument induced the jury to assess punishment based on community desire or expectation so as to prevent Appellant...

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