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EX PARTE ALVAREZ

No. 64821.

601 S.W.2d 359 (1980)

Ex parte Joe R. ALVAREZ, Appellant.

Court of Criminal Appeals of Texas, En Banc.

July 9, 1980.

Attorney(s) appearing for the Case

Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

DOUGLAS, Judge.

Alvarez was convicted of aggravated assault with a deadly weapon. Holding that insufficient evidence of the aggravating element was presented in that the linoleum knife used in the assault was not shown to be a deadly weapon, we reversed. Alvarez v. State, 566 S.W.2d 612 (Tex.Cr.App. 1978). Alvarez then pled guilty to the same charge, and punishment was assessed at eight years.

Alvarez...

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