Paul Alba, Jr. v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR REHEARING

NO. 03-98-00594-CR

Paul Alba, Jr., Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT

NO. 0980197, HONORABLE FRED A. MOORE, JUDGE PRESIDING

To address concerns raised in appellant's motion for rehearing, we withdraw our earlier opinion and judgment issued August 26, 1999, and substitute this opinion in its place.

A jury found appellant Paul Alba, Jr. guilty of robbery. See Tex. Penal Code Ann. § 29.02 (West 1994) ("Penal Code"). Upon the jury's assessment of punishment,…