Sammy Lee Kizzee, Jr. v. The State of Texas--Appeal from 204th District Court of Dallas County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-02-00039-CR
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SAMMY LEE KIZZEE, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court No. F01-73521-Q
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
MEMORANDUM OPINION

Sammy Lee Kizzee, Jr., (a/k/a Eddie Walker) (1) appeals his conviction for a robbery allegedly committed January 17, 2001, at a Super 8 Motel in Dallas, Texas. In his sole point of error regarding this appeal, Kizzee contends the trial court erred by denying his requested jury instruction on how the jury should determine whether the victim's fear was reasonable.

Kizzee was charged by indictment for three separate robberies. Those causes were consolidated for trial, and the jury found Kizzee guilty in each case. The cases have been appealed separately, but were consolidated by the parties for purposes of briefing before this Court. The other two appeals are appellate cause numbers 06-02-00035-CR and 06-02-00038-CR.

Since the issue and the arguments raised in this case are identical to an issue and the arguments presented in his other appeals, for the reasons stated in Kizzee v. State, No. 06-02-00035-CR, we find the trial court did not err by denying Kizzee's requested jury instruction in the case at bar on the reasonableness of the victim's fear.

 

We affirm the trial court's judgment.

 

Donald R. Ross

Justice

 

Date Submitted: January 17, 2003

Date Decided: February 11, 2003

 

Do Not Publish

1. In Cause Number 06-02-00035-CR, the defendant's name is listed as Sammy Kizzee, a/k/a Eddie Walker in the indictment and as Sammy Kizzee in the judgment. In Cause Number 06-02-00038-CR, it is listed as Eddie Walker in the indictment and as Eddie Walker Sammy Lee Kizzee in the judgment. In Cause Number 06-02-00039-CR, it is listed as Sammy Lee Kizzee Jr. in the indictment and in the judgment. We will refer to him as Sammy Kizzee.