BOLING v. STATE

No. 59765.

617 S.W.2d 241 (1981)

David Dudley BOLING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

June 10, 1981.


Attorney(s) appearing for the Case

Gary J. Coker, Jr., Waco, for appellant.

Felipe Reyna, Dist. Atty. and Lynn Malone, Asst. Dist. Atty., Waco, Robert Huttash, State's Atty., Austin, for the State.

Before TOM G. DAVIS, McCORMICK and TEAGUE, JJ.


OPINION

McCORMICK, Justice.

This is an appeal from a conviction of aggravated sexual abuse. Punishment, enhanced by a single prior conviction, was assessed at ninety-nine years. V.T.C.A. Penal Code, Section 12.42(c). Appellant and his brother were tried together for this offense.

Appellant initially contends the trial court erred in overruling his pre-trial motion for a competency hearing. The motion, in its entirety, reads:

"MOTION FOR...

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