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HERRING v. STATE

No. 06-11-00109-CR.

359 S.W.3d 275 (2012)

Michael HERRING, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided: February 2, 2012.

Attorney(s) appearing for the Case

Jason L. Horton , Horton Law Firm, Texarkana, for appellant.

Samantha Oglesby , Asst. Dist. Atty., Texarkana, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice MOSELEY.

As Nigel Phillips and three friends sat in an automobile in front of Phillips' Texarkana home on May 24, 2010, eating a pizza and visiting with one another, one of the car doors was suddenly jerked open and the four friends were confronted with a young man with an AK-47 assault rifle with a bayonet affixed. The bearer of the assault rifle and two accomplices (who also brandished a pistol) commanded the four occupants of...

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