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WARREN v. STATE

No. 05-81-00008-CR.

641 S.W.2d 579 (1982)

David Eugene WARREN, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied August 27, 1982.

Attorney(s) appearing for the Case

Sharon Keller, Dallas, for appellant.

Henry Wade, Dist. Atty., Gilbert P. Howard, Asst. Dist. Atty., for appellee.

Before GUITTARD, C.J., and WHITHAM and GUILLOT, JJ.

GUILLOT, Justice.

We withdraw our prior opinions and affirm the conviction for the reasons stated below.

This is an appeal from a conviction of burglary of a habitation with the intent to commit theft. Trial was before the court and appellant was found guilty and sentenced to twenty years.

Appellant presents three grounds of error:

1. the state committed fundamental error when the prosecutor indicated the accused to the complainant; ...

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