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MILLER v. STATE

No. 66259.

608 S.W.2d 931 (1980)

Sam MILLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

December 17, 1980.

Attorney(s) appearing for the Case

John J. Knoff, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Calvin A. Hartmann and Ira Jones, II, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS, ODOM and PHILLIPS, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for voluntary manslaughter. Punishment was assessed at six years.

In his only ground of error appellant contends the State violated a plea bargain agreement. Appellant entered a plea of nolo contendere in exchange for certain agreements by the prosecutor. One of the agreements was:

"... the State will stand mute on the punishment...

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