Daniel Michael Athens v. the State of Texas

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS DANIEL MICHAEL ATHENS, § No. 08-19-00195-CR Appellant, § Appeal from the v. § 346th District Court THE STATE OF TEXAS, § of El Paso County, Texas Appellee. § (TC# 20150D01963) OPINION Appellant Daniel Michael Athens was convicted by a jury of the lesser-included offense of robbery after being indicted for aggravated robbery. The jury assessed twenty years’ confinement as punishment. On appeal, Athens brings three evidentiary issues: one complaining of show-up identification testimony admitted during the guilt-innocence phase of trial;…