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GONZALES v. STATE

No. 41815.

440 S.W.2d 847 (1969)

Sammy GONZALES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 26, 1969.

Attorney(s) appearing for the Case

Gillespie & McClendon, by Jack McClendon, Lubbock, attorney on appeal, for appellant.

Roger Gorrell, County Atty., Muleshoe, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ON APPELLANT'S MOTION FOR REHEARING

ONION, Judge.

The offense is use of profane language over the telephone; the punishment, 3 months in jail and a $500 fine.

Our prior opinion is withdrawn.

We now observe that we are confronted with a problem similar to that recently discussed in Adams v. State, Tex.Cr.App., 440 S.W.2d 844.

The record reflects that sentence in the case at bar...

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