Baize v. State

OPINION

HUGHES, Justice.

This is an appeal from a conviction for aggravated robbery. Appellant, Andrew Berry Baize, was tried with two co-defendants, and the jury found appellant guilty. The jury assessed punishment at 15 years confinement. We affirm the conviction, but reverse for a new trial on punishment.

Derek Spurlock was waiting for a bus around 1:00 a.m. on Westheimer, when a car containing four males pulled up beside him. Prom inside the car, appellant pointed a gun at Spurlock, and forced him into the back seat. Appellant demanded that Spurlock hand over his money, and hit him in the…