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SHIFLETT v. STATE

No. 49998.

530 S.W.2d 548 (1975)

Daniel Dane SHIFLETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 7, 1976.

Attorney(s) appearing for the Case

Joel W. Cantrick, Court-appointed on appeal, Tyler, for appellant.

Curtis Owen, Dist. Atty., and Howard W. Britain, Asst. Dist. Atty., Tyler, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

Appellant was tried before the court on a plea of guilty to the offense of breaking and entering a vehicle. He was found guilty and assessed a punishment of three years' confinement by the court.

The record shows that the prosecuting attorney recommended a sentence of two years after appellant's trial before the court on June 17, 1974. The court assessed punishment at two years but, after defense counsel requested that an...

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