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ELLISON v. STATE

No. 06-99-00186-CR.

97 S.W.3d 698 (2003)

Bobby Joe ELLISON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided January 8, 2003.

Attorney(s) appearing for the Case

Clement Dunn, Longview, for appellant.

William M. Jennings, Gregg County District Attorney, Andrea M. Thompson, Appellate Assistant District Attorney, Longview, Betty Marshall, Assistant State Prosecuting Attorney, Austin, for appellee.

Before GRANT, ROSS and CORNELIUS, JJ.

OPINION

Opinion by Justice CORNELIUS (Retired).

This case is before us on remand from the Texas Court of Criminal Appeals. In our prior decision, we affirmed Ellison's conviction for aggravated robbery, but remanded the case to the district court for a new trial on punishment because the trial court failed to sua sponte instruct the jurors that, before they could consider certain prior offenses and bad acts allegedly committed by Ellison, they must...

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