Banda v. State

OPINION

KENNEDY, Justice.

A jury found John Banda guilty of aggravated robbery and the court, after finding that Banda had been convicted of two prior felonies and was therefore a habitual offender, assessed punishment at 35 years confinement. Banda appeals from the judgment by two points of error raising insufficiency of the evidence. We reverse the judgment of the trial court.

The State alleged and attempted to prove that appellant assisted in the commission of a theft by Jose Gonzales, his brother-in-law, at a local supermarket. It is the State’s theory that appellant, Gonzales, and…