Perry v. State

OPINION ON STATE’S PETITIONS FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

Rodney Joel Perry, hereinafter referred to as the appellant, was convicted by a jury of the offense of aggravated robbery. The facts show that the complaining witness, who was the manager of a 7-11 Store in Baytown, was robbed at knife point by the appellant. The trial judge assessed punishment at five years’ confinement in the Department of Corrections.

On direct appeal, the Houston [First] Court of Appeals, on its own motion, after concluding that a suggestive pretrial photographic spread had been conducted by a Baytown…