Mosely v. State

DUGGAN, Justice.

The appellant was convicted of robbery, and his punishment, enhanced under V.T. C.A. Penal Code, Sec. 12.42 by the allegation and proof of a prior felony conviction, was assessed by the jury at life in the Texas Department of Corrections.

The evidence shows that on March 28, 1979, the complainant, Wesley Frazier, was approached by the appellant outside Frazier’s Motel in Harris County, Texas. Frazier testified that the appellant offered to sell him a color television set, which he declined. After he turned away from the appellant to leave, the appellant tackled him to the…