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WOERNER v. STATE

No. 54175.

576 S.W.2d 85 (1979)

James H. WOERNER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 24, 1979.

Attorney(s) appearing for the Case

Antonio G. Cantu, San Antonio, court appointed, for appellant.

Ted Butler, Dist. Atty., John A. Hrncir, Sharon S. Macrae and Susan D. Reed, Asst. Dist. Attys., San Antonio, for the State.

Before the Court en banc.

OPINION ON APPELLANT'S MOTION FOR REHEARING

W. C. DAVIS, Judge.

Appellant was convicted by a jury of attempted burglary, under V.T.C.A. Penal Code, Secs. 15.01 and 30.02. Punishment was assessed at ten years imprisonment. An appeal followed, and this conviction was affirmed on April 5, 1978, by per curiam opinion. Appellant's motion for rehearing was granted in order that we might, in the interest of justice, consider a contention not raised upon original...

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