Armstead v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted of the offense of robbery, and punishment, enhanced with one prior conviction, was assessed at fifty years imprisonment. The conviction was affirmed by the El Paso Court of Appeals. Armstead v. State, 677 S.W.2d 266 (Tex.App.— El Paso, 1984).

In that opinion, the court stated:

“First, we note our agreement with the holding in Jones v. State, 644 S.W.2d 546 (Tex.App.—Dallas 1982), PDRR, 646 S.W.2d 449 (1983). We conclude that the trial court had a right under Tex.Code Crim.Pro. art. 40.09(7) to hold a hearing to make…