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LUNA v. STATE

No. 61862.

602 S.W.2d 267 (1980)

Carlos LUNA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 18, 1980.

Attorney(s) appearing for the Case

W. Stephen Hernsberger, court appointed on appeal, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., and Leo B. Garcia, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

STATE'S MOTION FOR REHEARING

W. C. DAVIS, Judge.

Our prior opinion is withdrawn. On November 21, 1979, the judgment in this case was reversed, and the prosecution ordered dismissed for failure by the State to comply with Section 1 of Article 32A.02, Vernon's Ann.C.C.P.

The appellant was arrested on July 25, 1978. On December 8, 1978, the appellant entered a plea of guilty to the offense of voluntary manslaughter. As we have recently held, a plea...

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