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PEREZ v. STATE

No. 51813.

537 S.W.2d 455 (1976)

David E. PEREZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 9, 1976.

Attorney(s) appearing for the Case

Thomas Rocha, Jr., San Antonio, for appellant.

Ted Butler, Dist. Atty., E. Dickinson Ryman, Gus E. Wilcox and Susan Spruce, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

Appellant was convicted by a jury for burglary under the former Penal Code. The punishment, enhanced under Art. 62, Vernon's Ann.P.C., was assessed by the court at twelve (12) years.

We are confronted at the outset with fundamental error in the court's charge which must be reviewed in the interest of justice. Art. 40.09(13), Vernon's Ann.C.C.P. Harris v. State,

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