OPINION
GREEN, Commissioner.
Appellant was indicted by a Harris County grand jury for attempted burglary in violation of Art. 1402, Vernon's Ann.P.C. (1925). The indictment alleged that the offense was committed on or about June 2, 1973. On September 21, 1976, appellant waived trial by jury and entered a plea of guilty before the court. Appellant was convicted and punishment was assessed at imprisonment for five (5) years.
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