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BAKER v. STATE

No. 41604.

437 S.W.2d 825 (1969)

Cleveland BAKER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 26, 1969.

Attorney(s) appearing for the Case

Dalton C. Gandy, Fort Worth, (Court Appointed on Appeal only), for appellant.

Frank Coffey, Dist. Atty., R. J. Adcock, Ben Tompkins and Truman Power, Asst. Dist. Atty., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

ON APPELLANT'S SECOND MOTION FOR REHEARING

WOODLEY, Presiding Judge.

Our prior opinions and orders affirming this conviction for robbery, with punishment enhanced by a prior conviction for burglary with intent to commit theft (Art. 62 P.C.), are withdrawn.

Relying on our opinion in Johnson and White v. State, Tex.Cr.App., 436 S.W.2d 906, handed down...

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