Evans v. State

OPINION ON REMAND

LATTIMORE, Justice.

William Evans, appellant, was found guilty by a jury of aggravated robbery with a deadly weapon. TEX. PENAL CODE ANN. § 29.03 (Vernon 1989). The jury sentenced Evans as a prior offender to life imprisonment in the Texas Department of Corrections. Id. at § 12.42(c) (Vernon Supp.1989). On direct appeal, this court overruled Evans’ contention that TEX. CODE CRIM.PROC.ANN. art. 37.07, § 4 (Vernon Supp.1989), is unconstitutional, but reversed Evans’ conviction after sustaining a point of error in which he complained of a “have you heard” question asked by the…