Franklin v. State

OPINION

LEVY, Justice.

Indicted for aggravated robbery, which was enhanced by a prior conviction for rape, appellant was convicted by a jury of the lesser offense of robbery and sentenced to seven years confinement. He presents seven grounds of error on appeal.

Appellant robbed the female complainant and her boyfriend as they were walking down Holman Street in Houston. Appellant allegedly used a handgun, but a weapon was not recovered. No money was taken from complainant or her boyfriend because they did not have any. The appellant ran from the crime scene and was apprehended shortly thereafter.

N…