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GARCIA v. STATE

No. 54798.

573 S.W.2d 12 (1978)

Anastacio GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

November 8, 1978.

Attorney(s) appearing for the Case

Dick Stengel, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and Thomas C. Roepke, Asst. Dist. Atty., El Paso, for the State.

Before ONION, P. J., and DALLY and VOLLERS, JJ.

OPINION

VOLLERS, Judge.

Appellant was convicted in a trial before the court of indecency with a child pursuant to V.T.C.A. Penal Code, Section 21.11(a)(2).1 On finding appellant guilty, the court assessed his punishment at five years confinement in the Texas Department of Corrections.

It was alleged by indictment that appellant "on or about the 29th of September, 1975 ... did...

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