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LOPEZ v. STATE

Nos. 13-81-086-CR, 13-81-089-CR.

643 S.W.2d 436 (1982)

Daniel Hernandez LOPEZ, Appellant, v. STATE of Texas, Appellee. Ruben Hernandez PEREZ, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied August 26, 1982.

Discretionary Review Refused November 3, 1982.

Attorney(s) appearing for the Case

Mark Stevens, Levey & Goldstein, San Antonio, Joe E. Chapa, Jr., Yzaguirre, Chapa & Trevino, J. Roberto Rodriguez, McAllen, for appellants.

Robert J. Salinas, Crim. Dist. Atty., Edinburg, for appellee.

Before NYE, C.J., and YOUNG and GONZALEZ, JJ.

OPINION

NYE, Chief Justice.

In a joint trial, appellants were convicted of attempted murder. Punishment was assessed at eight years' confinement for each defendant. Appellants do not challenge the sufficiency of the evidence. In their sole ground of error, appellants allege error in the failure of the trial court to grant their timely motion for a mistrial after the prosecution allegedly argued outside the record.

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