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ELLETT v. STATE

No. 59461.

607 S.W.2d 545 (1980)

James Gary ELLETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

November 12, 1980.

Attorney(s) appearing for the Case

Lawrence L. Barber, Jr., Monahans, for appellant.

Frank Ginzel, Dist.Atty. and Russell L. Carroll, Asst.Dist.Atty., Sweetwater, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and DOUGLAS and TOM G. DAVIS, JJ.

OPINION

TOM G. DAVIS, Judge.

Appeal is from conviction for burglary. Following a jury verdict of guilty, the court assessed punishment at three years. The court then ordered the period of confinement probated for five years.

The evidence shows that appellant was arrested along with A___ R___, a juvenile, at the Baker Hotel in Colorado City on June 6, 1977. The hotel had not been open for business for approximately four years. Police responded to...

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