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MIRACLE v. STATE

No. 63931.

604 S.W.2d 120 (1980)

Billy Wayne MIRACLE, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied September 10, 1980.

Attorney(s) appearing for the Case

Doyle Mallett, Amarillo, on appeal only, for appellant.

Thomas A. Curtis, Dist. Atty., Steve Schiwetz and Thomas S. Hughes, Asst. Dist. Attys., Amarillo, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and DALLY, JJ.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for robbery by assault under the former Penal Code [Article 1408, V.A.P.C., 1925]. One prior felony conviction was alleged for enhancement of punishment. Appellant entered a guilty plea to the robbery and a plea of "true" to the enhancement portion of the indictment before a jury. He elected to be punished under the 1974 Penal Code [Acts 1973, 63rd Leg., p. 883, ch. 399, § 6(c)]. The...

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