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GUSTER v. STATE

No. 58559.

580 S.W.2d 363 (1979)

Embry Lloyd GUSTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 2, 1979.

Attorney(s) appearing for the Case

William D. Tipton, Houston, for appellant.

Carol S. Vance, Dist. Atty. and William W. Burge, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON APPELLANT'S MOTION FOR REHEARING

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for credit card abuse. Trial was before the court upon a plea of guilty. Punishment, enhanced by a prior felony conviction, was assessed at fifteen years and one day.

Appellant urges for the first time that the indictment under which he was convicted is fundamentally defective.

In pertinent part the indictment alleges that appellant:

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