Lemell v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

In 1982, a jury convicted appellant of aggravated robbery. The Fourteenth Court of Appeals reversed appellant’s conviction, Lemell v. State, No. A14-82-872-CR (Tex.App. — Houston [14th Dist.] 1985) (unpublished), and this Court refused the State’s petition for discretionary review.

In 1988, appellant was retried and convicted of aggravated robbery, and the jury assessed his punishment at sixty-five years imprisonment and a fine of $5,000. The Eleventh Court of Appeals reversed appellant’s conviction. Lemell v. State, No.…