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ULMER v. STATE

No. 53333.

544 S.W.2d 414 (1976)

Wiley Eugene ULMER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 5, 1977.

Attorney(s) appearing for the Case

Royal Caswell, Odessa, for appellant.

Emory C. Walton, Dist. Atty., Eastland, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

Appellant waived a jury and pled nolo contendere to the charge of Retaliation contained in the indictment. Upon conviction in a trial before the court, punishment was assessed at ten years.

V.T.C.A. Penal Code, Sec. 36.06, Retaliation, reads:

"(a) A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act in retaliation for or on account of the service of...

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