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James v. State

A jury convicted the appellant of alleged aggravated robbery. The visible presence of a deadly weapon on a criminal actor, even if it is not menacingly pointed at another, satisfies the statutory element of use or exhibition. The trial court's judgment is affirmed as modified., Houston's 1st Court of Appeals, No. 01-10-00693-CR, 04-19-2012

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OPINION

A jury convicted appellant Merlin James of aggravated robbery. TEX. PENAL CODE ANN. § 29.03 (West 2011). The judgment reflects an affirmative deadly-weapon finding. James pleaded "true" to two prior convictions and the court sentenced him to 45 years in prison.

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