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BAKER v. STATE

No. 49720.

521 S.W.2d 864 (1975)

John Patrick BAKER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 23, 1975.

Attorney(s) appearing for the Case

Stan Brown, Abilene, for appellant.

Ed Paynter, Dist. Atty., and Patricia A. Elliott, Asst. Dist. Atty., Abilene, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

The appellant was convicted of retaliation pursuant to V.T.C.A., Penal Code Sec. 36.06. The jury assessed his punishment at three years. His sole ground of error alleges that his plea of former jeopardy should have been granted.

The offense of retaliation, a third degree felony, is defined in Section 36.06(a) of our new Penal Code as follows:

"A person commits an offense if he intentionally or knowingly harms or threatens...

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