Casey v. State

OPINION

HOYT, Justice.

Appellant appeals from a jury trial in which he was convicted of aggravated robbery. Tex.Pen.Code Ann. sec. 29.03 (Vernon 1974). The jury assessed punishment, enhanced by two prior felony convictions pursuant to Tex.Pen.Code Ann. sec. 12.-42(d) (Vernon Supp.1986), at 55 years confinement. We reverse and remand.

An armed group of at least four males robbed the Southwestern Drug Corporation warehouse in Houston of significant wholesale quantities of narcotics on January 11, 1983. One of the robbers was wearing a bandana-type cloth across his face as a mask. During the course…