Holcomb v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was charged in a single indictment with aggravated sexual assault and aggravated robbery with the same enhancement paragraph added to each count. Appellant waived his right to a jury trial and was found guilty by the trial court of both offenses. After pleading true to the enhancement paragraphs, appellant was sentenced to thirty-five years for each of the offenses, the sentences to run concurrently.

The conviction was appealed to the First Court of Appeals on the grounds that the two offenses were improperly…