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JAMES v. STATE

No. 01-10-00693-CR.

425 S.W.3d 492 (2012)

Merlin JAMES, Appellant, v. The STATE of Texas, Appellee.

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

Discretionary Review Refused September 12, 2012.

Attorney(s) appearing for the Case

J. Sidney Crowley , Houston, TX, for Appellant.

Bridget Holloway , Assistant District Attorney, Houston, TX, for State.

Panel consists of Justices KEYES, HIGLEY, and MASSENGALE.

OPINION

MICHAEL MASSENGALE, Justice.

A jury convicted appellant Merlin James of aggravated robbery. TEX. PENAL CODE ANN. § 29.03 (West 2011). The judgment reflects an affirmative deadly-weapon finding. James pleaded "true" to two prior convictions and the court sentenced him to 45 years in prison.

James presents three issues on appeal: (1) the evidence was legally insufficient to show that an air rifle used in the robbery was a deadly weapon...

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