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DEGAY v. STATE

No. 43012.

455 S.W.2d 207 (1970)

Frank W. DEGAY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 10, 1970.

Attorney(s) appearing for the Case

S. Benton Davies, San Antonio, for appellant.

Ted Butler, Dist. Atty., Charles Butts, and Sparta Bitsis, Asst. Dist. Attys., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is burglary with intent to commit theft; the punishment, 10 years.

This appellant is the same appellant as in Degay v. State, Tex.Cr.App., 455 S.W.2d 205 this day decided.

On August 13, 1969, the State waived and abandoned the second and third paragraphs alleging prior convictions for enhancement to which action the appellant and his appointed counsel expressly stated they...

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