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EX PARTE ELIZALDE

No. 60490.

594 S.W.2d 105 (1980)

Ex parte Santiago ELIZALDE.

Court of Criminal Appeals of Texas, En Banc.

February 20, 1980.

Attorney(s) appearing for the Case

Gerry Miller, Corpus Christi, for appellant.

William B. Mobley, Jr., Dist. Atty. and Eric G. Brown, Asst. Dist. Atty., Corpus Christi, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ON STATE'S MOTION FOR REHEARING

ROBERTS, Judge.

The State's motion for rehearing is granted, and our prior opinion is withdrawn.

The applicant was convicted by a jury in 1976 of the offense of burglary of a habitation, Cause No. 76-CR-107E, and assessed a sentence of life imprisonment pursuant to V.T.C.A., Penal Code, Sec. 12.42(d). An appeal of that conviction was affirmed in our per curiam opinion No. 54,379. The applicant then...

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