Windom v. State

OPINION

COHEN, Justice.

A jury found appellant guilty of robbery. The trial judge found two enhancement para*268graphs alleging prior aggravated robberies to be true and assessed punishment of life in prison. We must decide whether the court had power to try appellant for aggravated robbery after granting a new trial following appellant’s earlier conviction for the lesser included offense of robbery.

Appellant was indicted for aggravated robbery, but the State reduced the charge to robbery in exchange for his plea of no contest and an agreed 40-year sentence. For reasons not shown on the record, the…