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KOMURKE v. STATE

No. 53871.

562 S.W.2d 230 (1978)

Aubrey Eugene KOMURKE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 25, 1978.

Attorney(s) appearing for the Case

Ray A. Bass, III and Richard E. Wetzel, Houston, for appellant.

Carol S. Vance, Dist. Atty., Calvin A. Hartmann and Sam D. Adamo, Asst. Dist. Attys., Houston, for the State.

Before the court en banc.

OPINION

ODOM, Judge.

In a trial before the court appellant was convicted of sodomy under Art. 524, Vernon's Ann.P.C. (1925). Appellant elected to have his punishment assessed under the new Penal Code, and the court, on proof of two prior felony convictions, assessed punishment at life imprisonment. V.T.C.A., Penal Code Sec. 12.42(d).

In a per curiam opinion delivered December 15, 1976, we affirmed this appeal because no brief was filed in the trial...

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