Byas v. State

OPINION

Appellant, Bruce William Byas, Jr., was convicted by a jury of aggravated robbery with a deadly weapon. See TexPenal Code Ann. § 29.03 (Vernon 1994). The jury assessed punishment at fifteen years’ confinement in the Institutional Division of the Texas Department of Criminal Justice. On appeal, Appellant urges in two points of error that the trial court erred: (1) in failing to grant defense counsel’s motion for mistrial; and (2) in overruling defense counsel’s motion to suppress the victim’s pretrial identification of Appellant. We find Appellant’s first point of error has merit and…