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SULLIVAN v. STATE

No. 56864.

573 S.W.2d 1 (1978)

Shirley James SULLIVAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Opinion On Rehearing Own Motion November 15, 1978.

Attorney(s) appearing for the Case

Craig W. Uhran, Houston, for appellant.

Carol S. Vance, Dist. Atty., Calvin A. Hartmann and John Holleman, Asst. Dist. Attys., Houston, for the State.

Before ROBERTS, PHILLIPS and VOLLERS, JJ.

Opinion On Rehearing En Banc On Court's Own Motion November 15, 1978.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for rape. The appellant entered a plea of guilty, and after a trial before the court, the trial judge assessed the appellant's punishment at sixteen years in the Texas Department of Corrections.

The appellant's sole contention is that the trial judge erred by failing to withdraw sua sponte the appellant's guilty...

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