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Collum v. State

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Appellant Scotty Lynn Collum appeals his conviction for aggravated robbery. See Tex. Pen. Code Ann. � 29.03 (West 1994). Appellant asks this Court to reverse his conviction and render a judgment of acquittal on two grounds: (1) he was subjected to double jeopardy because the trial of his case proceeded with a second jury; and (2) the jury was improperly qualified by a county court at law judge, and therefore violated his rights under article I, section 10 of the Texas Constitution. Alternatively, appellant asks this Court to reverse his conviction and remand the case to the district court for a new trial because he received ineffective assistance of counsel at trial. We will affirm the judgment of the trial court.

BACKGROUND

On March 24, 2000, Ralph Moreno, a loss prevention employee of the Target store in Round Rock, observed appellant enter the store, remove the contents of several boxes of Suphedrine, and conceal the contents on his person. After appellant left the store without paying for the Suphedrine, Moreno followed appellant, approached him, identified himself as “Target security,” and instructed appellant to return to the store. Appellant ignored Moreno and kept walking away. After Moreno made his request a second time, appellant turned around, pulled a revolver from his pocket, pointed the gun at Moreno, and shouted at him to get back. Moreno backed away, and appellant ran off. Twenty minutes later Round Rock police apprehended appellant while he was attempting to hide in a nearby parking lot.

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