SIMMONS v. STATE

No. PD-0791-08.

282 S.W.3d 504 (2009)

Jimmy Lee SIMMONS, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

April 29, 2009.


Attorney(s) appearing for the Case

John R. Duer, Georgetown, for Appellant.

Charles F. Campbell, Asst. State's Atty., Jeffrey L. Van Horn, State's Atty., Austin, for State.


OPINION

HERVEY, J., delivered the opinion for a unanimous Court.

Article 38.14, TEX.CODE CRIM. PROC., provides that a defendant cannot be convicted of an offense upon the testimony of an accomplice without other corroborating evidence "tending to connect" the defendant to the offense. In this case, the court of appeals, with one justice dissenting, reversed appellant's aggravated-robbery conviction and acquitted him after deciding that the non-accomplice...

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