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LOWRY v. STATE

No. 56928.

579 S.W.2d 477 (1979)

Kenneth John LOWRY, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied May 2, 1979.

Attorney(s) appearing for the Case

James T. Stafford and Allen C. Isbell, Houston, on appeal only, for appellant.

Carol S. Vance, Dist. Atty., Michael C. Kuhn and Allen Stilley, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, ROBERTS and DALLY, JJ.

Rehearing En Banc Denied May 2, 1979.

OPINION

ROBERTS, Judge.

In an unpublished per curiam opinion delivered December 7, 1977, we abated the present appeal from a conviction for aggravated rape, see V.T.C.A., Penal Code, Section 21.03, in order for the trial court to determine why an appellate brief had not been filed in the appellant's behalf. See Lowry v. State, 558 S.W.2d 898 (Tex.Cr. App.1977); see also Steel v. State,

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