MITCHELL v. STATE

No. 04-96-00643-CR.

974 S.W.2d 161 (1998)

William MITCHELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Granted September 16, 1998.


Attorney(s) appearing for the Case

Michael Stephen Raign, San Antonio, for appellant.

James Scott Sullivan, Asst. Criminal Dist. Atty., San Antonio, for appellee.

Before RICKHOFF, LÓPEZ and DUNCAN, JJ.


OPINION

RICKHOFF, Justice.

William Mitchell, a borderline mentally retarded defendant, was sentenced to 80 years in prison for aggravated robbery with a deadly weapon after he appeared before the jury in the same distinctive T-shirt worn by the suspect two years earlier during the offense. The T-shirt was a focal point of the trial and the videotape which recorded the offense.

In five points of error Mitchell argues that the trial court erred in...

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