Espinoza v. State

PAUL PRESSLER, Justice.

Appellants were tried together, found guilty of aggravated robbery, and punishment was assessed at twenty years in the Texas Department of Corrections and a $10,000.00 fine for each. The appeals were consolidated. We reverse and remand.

On September 4, 1981, Mr. & Mrs. Gaido were robbed at gunpoint. She testified that at approximately 10:00 p.m. she heard a loud crash, went to investigate, and confronted two men backing her husband into the bedroom. Both men held guns in their hands, spoke English with Spanish accents, and wore facial coverings. They forced the Gaidos to…