Jackson v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of robbery by assault; punishment was assessed by the jury at 18 years confinement.

The sufficiency of the evidence is not challenged. The only ground of error on appeal is the contention that a mistrial should have been granted, during the punishment stage of the trial, when appellant was not identified as the same Richard Earl Jackson who had previously been convicted of theft-from-person and received a five year probated sentence.

The record reflects that at the penalty stage of the trial Billy Owens, a Deputy District Clerk…