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TYRA v. STATE

No. 51276.

548 S.W.2d 912 (1977)

Billy Joe TYRA v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 6, 1977.

Attorney(s) appearing for the Case

Charles Warren Van Cleve, Arlington, for appellant.

Henry Wade, Dist. Atty., James B. Scott, Gerald A. Banks, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Justice.

The conviction is for fondling the sexual parts of a female child under the age of fourteen (14) years in violation of Art. 535d, Vernon's Ann.P.C. (1925), as amended. The punishment, enhanced by two prior felony convictions under Art. 63, Vernon's Ann. P.C., was assessed at life imprisonment.

In June of 1973 appellant was convicted by a jury of fondling the sexual parts of a

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