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CRUZ v. STATE

No. 33770.

441 S.W.2d 542 (1969)

Fred Arispe CRUZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 4, 1969.

Attorney(s) appearing for the Case

Will Gray, Houston (On out of time appeal only), for appellant.

James E. Barlow, Dist. Atty., Sparta Bitsis, Asst. Dist. Atty., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

This is an out of time appeal resulting from the Fifth Circuit Court of Appeals decision in Cruz v. Beto, 391 F.2d 235 holding that the appellant was denied counsel on the original appeal of this case to this Court. Cruz v. State, 172 Tex.Cr.R. 1, 351 S.W.2d 226.

The conviction is for robbery by assault; the punishment, thirty-five years.

The appellant...

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