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MARTINEZ v. STATE

No. 47046.

501 S.W.2d 130 (1973)

Willie S. MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 14, 1973.

Attorney(s) appearing for the Case

Ronald E. Walker, Jr., Amarillo, for appellant.

Tom Curtis, Dist. Atty., and Gene Storrs, Asst. Dist. Atty., Amarillo, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of burglary with intent to commit theft, enhanced under Article 62, Vernon's Ann.P.C. The punishment was assessed at the mandatory twelve years.

The evidence shows that appellant was arrested fleeing from the scene of a burglary of Kenard's Enco Service Station in the early morning hours of September 3, 1972. The State's evidence at trial was uncontroverted, and appellant...

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