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BURKE v. STATE

No. 61016.

589 S.W.2d 411 (1979)

Dale Joseph BURKE, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied September 19, 1979.

Attorney(s) appearing for the Case

Gerald A. Woolf, court appointed, Houston, for appellant.

Carol S. Vance, Dist. Atty., William W. Burge, Andy M. Tobias and Tom Royce, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, PHILLIPS and W. C. DAVIS, JJ.

Rehearing En Banc Denied September 19, 1979.

OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated robbery. After appellant entered a guilty plea the trial court assessed punishment at ten years.

At the outset we are met with fundamental error. Article 1.15, V.A.C.C.P., requires evidence be introduced to support a plea of guilty. The only evidence presented to support appellant's guilty plea was this judicial confession...

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