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BRICENO v. STATE

No. 57219.

580 S.W.2d 842 (1979)

Guadalupe BRICENO, Appellant, v. The STATE of Texas, Appellee.

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

May 16, 1979.

Attorney(s) appearing for the Case

Patrick A. Abeyta, Lubbock, for appellant.

Alton R. Griffin, Dist. Atty., and J. David Nelson, Asst. Dist. Atty., Lubbock, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS and TOM G. DAVIS, JJ.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for indecency with a child. V.T.C.A. Penal Code, Sec. 21.11(a)(2). Punishment was assessed at four years.

Appellant's sole contention is that the trial court erred in failing to instruct the jury on the lesser included offense of indecent exposure, V.T.C.A. Penal Code, Sec. 21.08.

The record reflects that after counsel for the State and appellant had been handed copies of the...

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