BOONE v. STATE

No. B14-81-035-CR.

629 S.W.2d 786 (1981)

Tommy Earl BOONE, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

December 23, 1981.


Attorney(s) appearing for the Case

Robin A. Hartman, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Houston, for appellee.

Before PAUL PRESSLER, MURPHY and SAM ROBERTSON, JJ.


SAM ROBERTSON, Justice.

The prior opinion of this court filed on November 19, 1981 is withdrawn and the following is substituted therefor.

The jury rejected appellant's plea of not guilty to the offense of burglary of a habitation, found that he had previously been convicted of a felony as alleged, and assessed his punishment at confinement in the Texas Department of Corrections for a period of sixty (60) years. We affirm the trial court's judgment.

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