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GATES v. STATE

No. 52836.

543 S.W.2d 360 (1976)

Jerry Alonzo GATES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Dissenting Opinion on Motion for Rehearing December 1, 1976.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas, for appellant.

Henry M. Wade, Dist. Atty., John Tatum, Fred Davis, Brian Blessing, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

Dissenting Opinion on State's Motion for Rehearing December 1, 1976.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for aggravated robbery. The jury assessed punishment at five years' confinement in the Texas Department of Corrections.

Initially, we note that the record reveals a confusing set of circumstances. Appellant was tried jointly with two co-defendants. There is no written...

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