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HERNANDEZ v. STATE

No. 52802.

563 S.W.2d 947 (1978)

Fidel Lozano HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 12, 1978.

Attorney(s) appearing for the Case

Sam C. Bashara, San Antonio, for appellant.

Ted Butler, Dist. Atty., Gordon V. Armstrong, Lawrence J. Souza and Susan D. Reed, Asst. Dist. Attys., San Antonio, for the State.

OPINION ON APPELLANT'S SECOND MOTION FOR REHEARING

PHILLIPS, Judge.

In a per curiam opinion dated April 27, 1977, we affirmed the judgment of the trial court. We granted appellant's motion for leave to file motion for rehearing and in an opinion dated December 7, 1977, we reaffirmed our original holding. Our previous opinions are withdrawn and the following substituted in lieu thereof.

This is an appeal...

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