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WHITE v. STATE

No. 57273.

587 S.W.2d 114 (1979)

Floyd Ray WHITE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 10, 1979.

Attorney(s) appearing for the Case

Milton I. Fagin, court appointed on appeal, San Antonio, Floyd Ray White, pro se on rehearing, for appellant.

Bill M. White, Dist. Atty., Gus E. Wilcox, Donald A. Clowe and Marcelo R. Montemayor, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S MOTION FOR REHEARING

ODOM, Judge.

This is an appeal from a conviction for burglary of a habitation. Punishment, enhanced by proof of two prior convictions, was assessed at life under V.T.C.A., Penal Code Sec. 12.42(d).

On original submission appellant's conviction was affirmed in a per curiam opinion. By motion for rehearing appellant raises an issue not considered on original submission. It is pointed out by appellant that...

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