(Download) "Brown V. State" by In the Court of Appeals for the First District of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Brown V. State
- Author : In the Court of Appeals for the First District of Texas
- Release Date : January 14, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The State charged appellant Robert Anthony Brown with aggravated robbery with a deadly weapon and impersonation of a public servant. A jury found Brown guilty of both offenses, and after finding two enhancement paragraphs true, sentenced him to forty-five years' imprisonment for each offense. In five issues, Brown contends the evidence is legally and factually insufficient to sustain the jury's verdict on aggravated robbery with a deadly weapon, the trial court erred in denying his motion to suppress evidence obtained during a search of his motel room, and the trial court erred in admitting evidence of extraneous offenses during the punishment phase. In our opinion dated August 3, 2006, we affirmed the felony conviction for impersonation of a public servant, but held that the evidence was factually insufficient to support the jury's verdict on the aggravated robbery conviction regarding the use of a deadly weapon. We therefore reversed and remanded for a new trial as to that charge only. The State moved for rehearing and rehearing en banc, contending that Brown did not raise a specific factual sufficiency challenge as to the deadly weapon element of aggravated robbery, and that, in any event, the evidence is factually sufficient to support the jury's finding of the deadly weapon element of aggravated robbery. We withdraw our previous opinion and issue this opinion in its stead.*fn1 We affirm the trial court's judgments in full.