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November 8, 2013

Appeal set in aggravated robbery case

A Caddo Mills man is appealing his 2012 conviction and prison sentence in connection with a hold-up of an area convenience store three years ago.

Oral arguments are scheduled Tuesday before the Court of Appeals for the Fifth District of Texas at Dallas in the case of Miguel Alberto Gutierrez.

Gutierrez entered a plea of guilty in August 2012 to one count of aggravated robbery causing serious bodily injury.

A jury in the 196th District Court then heard testimony during a punishment hearing in the court before returning with a 30 year sentence in the Texas Department of Criminal Justice-Institutional Division.

Gutierrez was alleged to have acted along with a juvenile in robbing the store at 5777 U.S. Highway 380, just outside of Caddo Mills, on Oct. 11, 2010. The pair were alleged to have beaten a female employee of the store with their hands, fists, a DVD box and an unknown object to where the employee lost consciousness with a concussion. Gutierrez was arrested on Oct. 26, 2010.

The aggravated robbery charge is a first degree felony, punishable upon conviction by a maximum sentence of from five to 99 years to life in prison and an optional fine of up to $10,000.

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