Mendoza v. State

OPINION

SEERDEN, Chief Justice.

A jury found appellant guilty of robbery, and the trial court assessed punishment, enhanced by two prior felony convictions, at seventy-five years in prison. We reverse and remand.

The evidence established that appellant and companions entered a convenience store known as Coastal Mart, on two occasions, a few hours apart, in the early morning hours of June 1, 1993, taking four twelve packs of beer, two packs of cigarettes and two sticks of beef jerky. The indictment alleged that appellant did “unlawfully, in the course of committing theft and with intent to obtain…