Smith v. State

OPINION

WOODLEY, Presiding Judge.

The offense is robbery; the punishment, enhanced under Art. 63, Vernon’s Ann.P. C, life.

Able court appointed counsel on appeal sets forth in his brief filed in the trial court four grounds of error.

Ground No. 1 complains that the trial court erred in admitting testimony that a witness had identified appellant at a lineup conducted in the absence of his counsel, thereby unconstitutionally depriving appellant of his right to effective assistance of counsel and due process of law.

The only reference to a showup or lineup during the trial before the jury was during…