Witt v. State

LEVY, Justice.

A jury found appellant, Kenneth Dale Witt, guilty of aggravated robbery as charged in the indictment, and also found that he had used a deadly weapon in the commission of the offense. At the punishment phase of the trial, the jury determined an enhancement paragraph to be true and assessed punishment at 50 years confinement.

Appellant appeals this conviction asserting five points of error.

Ms. Dan Marie Williams, a 7-Eleven convenience store employee, testified that appellant entered the store where she was working. After selecting several items, Witt approached the check-out…