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BURKS v. STATE

No. 01-05-00856-CR.

227 S.W.3d 138 (2006)

Oscar Lee BURKS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Refused April 18, 2007.

Attorney(s) appearing for the Case

Ken Goode, Houston, for Appellant.

Lori Deangelo Fix, Assistant District Attorney, Houston, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.

OPINION

SHERRY RADACK, Chief Justice.

Appellant, Oscar Lee Burks, pleaded not guilty to the offense of aggravated robbery and pleaded true to two felony convictions alleged as enhancement. A jury found him guilty of the lesser offense of robbery and assessed punishment at 45 years in prison, see TEX. PEN.CODE ANN. § 29.02 (Vernon 2003), enhanced by the prior felony convictions. See TEX. PEN.CODE ANN. § 12.42(d) (Vernon Supp.2005)...

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