Henderson v. State

OPINION ON STATE’S AND APPELLANT’S PETITIONS FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Appellant was charged by indictment with aggravated robbery, V.T.C.A. Penal Code, § 29.03, enhanced by a prior conviction for aggravated robbery, V.T.C.A. Penal Code, § 12.42(c). A jury found the appellant guilty and the trial court assessed punishment at forty (40) years confinement in the Texas Department of Criminal Justice, Institutional Division (TDCJID).1 The Fourteenth Court of Appeals reversed the appellant’s conviction as to punishment in a published opinion, Henderson v. State, 788 S.W.2d 621 (Tex.…