Scott v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated robbery. Punishment was enhanced to life in prison. Appellant complains that the trial court erred in refusing to reopen the case after both sides closed so that he could offer an alibi witness.

After both sides closed at the end of the first day of trial and court was adjourned until 9:00 a. m. the next morning, appellant filed a motion to reopen1 which the trial judge granted at seven minutes after 9:00. The jury was brought into the courtroom and the judge asked appellant’s counsel where his witness was. Counsel said he…