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MARTINEZ v. STATE

No. 60246.

621 S.W.2d 797 (1981)

Thomas MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En banc.

September 23, 1981.

Attorney(s) appearing for the Case

Joseph Chagra, Charles Louis Roberts, El Paso, for appellant.

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

Before the court en banc.

OPINION

ON APPELLANT'S MOTION FOR REHEARING

ROBERTS, Judge.

A jury found the appellant guilty of murder and assessed a punishment of 23 years' confinement. This appeal was submitted to a panel of this Court, which affirmed the judgment. Rehearing en banc was granted, for reasons which shall appear below. Because it now appears that the appellant's fifth ground of error must be sustained, the panel's opinion will be withdrawn, although (as shall...

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