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GARZA v. STATE

No. 54472.

548 S.W.2d 55 (1977)

Zaragoza Lerma GARZA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 16, 1977.

Attorney(s) appearing for the Case

Lawrence A. Beauchamp, Jr., San Antonio, court appointed, for appellant.

Ted Butler, Dist. Atty., E. Dickinson Ryman, William W. Blagg and Joe D. Brown, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

Appellant waived trial by jury and entered a plea of guilty before the court to the offense of attempted murder. A plea of "true" was made to the third paragraph of the indictment which alleged a 1936 conviction for murder for the purposes of enhancing punishment under V.T.C.A., Penal Code, Sec. 12.42(b). The second paragraph of the indictment, which alleged a 1941 conviction for assault...

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