Simmons v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

A jury convicted appellant for the offense of aggravated robbery of Bruce *349Nichols and assessed punishment at imprisonment for 45 years. The conviction was affirmed by the Waco Court of Appeals in an unpublished opinion. Simmons v. State, No. 10-84-175-CR, delivered January 30, 1986. Appellant petitioned this Court for discretionary review of the Court of Appeals’ holding that appellant’s conviction was not prohibited by the Double Jeopardy Clause of the United States Constitution. We granted review to examine the Court of…