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Gonzales v. State

Court of Criminal Appeals of Texas, Panel No. 3
Nov 17, 1982
640 S.W.2d 877 (Tex. Crim. App. 1982)

Opinion

No. 60680.

December 16, 1981. Rehearing Denied November 17, 1982.

Appeal from 23rd Judicial District Court, Brazoria County; Paul Ferguson, Judge.

Ken McLean, Houston, for appellant.

Doyle W. Neighbours, Dist. Atty., A.B. Crowther, Jr., Asst. Dist. Atty., Angleton, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, W.C. DAVIS and McCORMICK, JJ.


OPINION


Appellant was convicted of aggravated robbery and a jury assessed punishment at twenty-five years in the Texas Department of Corrections.

Appellant now contends that fundamental error exists in the charge. The charge is identical to that condemned by this Court in Williams v. State, 622 S.W.2d 95 (Tex.Cr.App. 1981). Although I disagree with such conclusion, I am obligated to follow the holdings of this Court.

The judgment is reversed and remanded.


Summaries of

Gonzales v. State

Court of Criminal Appeals of Texas, Panel No. 3
Nov 17, 1982
640 S.W.2d 877 (Tex. Crim. App. 1982)
Case details for

Gonzales v. State

Case Details

Full title:Mark Anthony GONZALES, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas, Panel No. 3

Date published: Nov 17, 1982

Citations

640 S.W.2d 877 (Tex. Crim. App. 1982)