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MOORE v. STATE

No. 60429.

612 S.W.2d 932 (1981)

Hollis MOORE, Appellant, v. The STATE of Texas, Appellee.

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

March 18, 1981.

Attorney(s) appearing for the Case

Drew Mouton, Big Spring, for appellant.

Rick Hamby, Dist. Atty., and Donald J. Richard, Asst. Dist. Atty., Big Spring, Robert Huttash, State's Atty., Austin, for the State.

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

OPINION

ODOM, Judge.

This is an appeal from a conviction for burglary of a habitation. Punishment was assessed at eight years.

At the outset we are confronted with fundamental error that requires reversal in the interest of justice. Art. 40.09(13), V.A. C.C.P.

The indictment in this case alleged burglary under V.T.C.A., Penal Code Sec. 30.02(a)(3), by entering a habitation and committing theft...

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