Gilbert v. State

808 S.W.2d 467 (1991)

Johnny Andrew GILBERT, Appellant,

v.

The STATE of Texas, Appellee.

No. 091-90.

Court of Criminal Appeals of Texas, En Banc.

March 13, 1991.

Rehearing Overruled May 15, 1991.

Danny D. Burns, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and C. Chris Marshall and Christian Harrison, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of aggravated robbery and his punishment was assessed by the jury at 50 years confinement. On…