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MARTINEZ v. STATE

No. 58030.

565 S.W.2d 70 (1978)

Calistro Cruze MARTINEZ, Jr., Appellant, v. The STATE of Texas, Appellee.

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

May 3, 1978.

Attorney(s) appearing for the Case

V. Michael Toomey, Houston, for appellant.

Carol S. Vance, Dist. Atty., William W. Burge, and Larry Thomas, Asst. Dist. Attys., Houston, for the State.

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

OPINION

ONION, Presiding Judge.

Appellant waived trial by jury and entered a plea of guilty before the court to the offense of burglary of a building. Punishment was assessed at imprisonment for 15 years.

In his brief filed in the trial court appellant's sole contention is that the indictment under which he was convicted is fundamentally defective because it fails to allege a culpable mental state. See...

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