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GUTIERREZ v. STATE

No. 53617.

555 S.W.2d 457 (1977)

John F. GUTIERREZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 14, 1977.

Attorney(s) appearing for the Case

Bill A. Davis, Lubbock, for appellant.

Alton R. Griffin, Dist. Atty., Lubbock, and Warren G. Tabor, Jr., Levelland, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the offense of escape by using a deadly weapon. V.T.C.A., Penal Code, § 38.07(d). Punishment was assessed at life imprisonment following a verdict that appellant was guilty of the primary offense and had been twice previously convicted of felony offenses. V.T.C.A., Penal Code, § 12.42(d).

The record reflects that on July 12, 1975 appellant and two other inmates of the...

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