Swoape v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

ONION, Presiding Judge.

Appellant was convicted on two counts in the same indictment of aggravated robbery. Punishment, enhanced by allegation and proof of one prior felony conviction, was assessed by the jury at fifty (50) years’ imprisonment under the first count (first paragraph of the indictment) and at ninety-nine (99) years’ confinement under count two (second paragraph of the indictment). See V.T.C.A., Penal Code, § 12.42(c).

On original submission the judgment reflects both convictions were affirmed in a per curiam opinion. On rehearing…