Hubbard v. State

OPINION

ROBERTS, Judge.

Appellant was convicted by a jury for the offense of aggravated robbery. The jury found that appellant had two prior felony convictions, and the court, pursuant to V.T. C.A., Penal Code, Sec. 12.42(d), assessed punishment at life imprisonment.

Appellant’s court-appointed counsel has filed a brief in which he has concluded that the appeal is frivolous and without merit. We do not agree, but instead perceive unassigned error which must be considered in the interest of justice. 1 See Art. 40.09(13), Vernon’s Ann.C.C.P.

Appellant was charged with having committed aggravated…