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EX PARTE GUTIERREZ

No. 64190.

600 S.W.2d 933 (1980)

Ex parte Leonel GUTIERREZ, Appellant.

Court of Criminal Appeals of Texas, En Banc.

July 16, 1980.

Attorney(s) appearing for the Case

Martin Underwood, Comstock, David Reynolds, Austin, for appellant.

Thomas F. Lee, Dist. Atty. and Thomas E. Swinson, Asst. Dist. Atty., Del Rio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

DALLY, Judge.

This is an original petition for writ of habeas corpus in which this Court has determined that it should exercise its original jurisdiction. Art. V, Sec. 5, Vernon's Ann. Texas Constitution.

The petitioner asserts that he is unlawfully confined in the Val Verde County jail pursuant to an unlawful commitment. He urges that at the guilt-innocence phase of the trial, he was only convicted of misdemeanor false imprisonment, a Class...

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