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DAVIS v. STATE

No. 01-03-00801-CR.

177 S.W.3d 355 (2005)

Herbert Edward DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, First District, Houston.

April 7, 2005.

Attorney(s) appearing for the Case

Crespin Michael Linton, Houston, for appellant.

Shirley Cornelius, Assistant District Attorney-Harris County, Charles A. Rosenthal, Jr., District Attorney-Harris County, Houston, for appellee.

Originally submitted to panel consisting of Chief Justice RADACK and Justices KEYES and ALCALA.

EN BANC OPINION

SHERRY RADACK, Chief Justice.

Herbert E. Davis, appellant, pleaded not guilty to aggravated robbery. The jury found him guilty and assessed punishment at 35 years' confinement. In three points of error, appellant contends that (1) the evidence is legally insufficient to support his conviction; (2) the trial court erred in excluding the complainant's civil court pleading; and (3) the trial court abused its discretion by denying him a mistrial...

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