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Brown v. State

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Appellant Robert Lee Brown was indicted on one count of aggravated robbery. See Tex. Penal Code Ann. � 29.03 (West 1994). The jury found Brown guilty of the offense, and the trial court assessed the punishment at thirty-two years’ imprisonment. On appeal, Brown raises one issue: the trial court erred in denying his motion to suppress the in-court identification by the victim. We will affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On September 30, 1999, Brown, his girlfriend, Sonya Holder, and two other men planned to rob Pete Arevalo, a sixty-year-old man who owned and operated Arevalo Truck and Automotive. They wanted to steal money and crack cocaine from Arevalo because Brown’s cousin was incarcerated and needed money to get out of jail. Holder made her living as a prostitute and had been meeting with Arevalo every week for the past four years to exchange sexual favors for money and crack cocaine. Holder testified that she considered Arevalo a friend and that he had never hurt her.

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