Rehearing En Banc Denied October 10, 1979.
OPINION
KEITH, Commissioner.
Appellant was indicted on a two-count indictment, the first charging burglary of a habitation and an attempt to commit rape under V.T.C.A., Penal Code, Sec. 30.02(a)(3). The second count charged attempted rape. Appellant entered a plea of nolo contendere and there was no recommendation from State's counsel as to his punishment. He executed a waiver of jury trial and a stipulation...
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