PHILLIPS, Chief Justice.
In a trial before a jury after a plea of not guilty, appellant was convicted of burglary of a habitation. Tex.Pen.Code Ann. § 30.02(a) (1) (1974). Punishment was assessed by the court at fifty years in prison. Appellant duly perfected his appeal and filed his brief in the trial court on May 22, 1981. In the more than eight months since that filing, the State has not filed a brief and has not participated in the defense of this appeal...
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