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NEWTON v. STATE

No. 215-82.

641 S.W.2d 530 (1982)

Bobby Dan NEWTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 27, 1982.

Attorney(s) appearing for the Case

Robert Udashen, Dallas, for appellant.

Henry Wade, Dist. Atty., and John D. Nation, Kevin Byrne, Mary Ludwick and R.K. Weaver, Asst. Dist. Atty., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR REVIEW

ODOM, Judge.

Appellant was convicted of burglary and punishment, enhanced pursuant to V.T. C.A., Penal Code Sec. 12.42(d), was assessed at life. The Court of Appeals affirmed the conviction. Newton v. State, 629 S.W.2d 206. We granted appellant's petition for discretionary review to consider the three grounds raised therein. We find the Court of Appeals erroneously disposed...

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