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GONZALEZ v. STATE

No. 04-81-00093-CR.

643 S.W.2d 751 (1982)

Carl A. GONZALEZ, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied December 6, 1982.

Attorney(s) appearing for the Case

Jesse Roy Botello, Botello & Serna, Inc., San Antonio, for appellant.

Bill White, Dist. Atty., Peter A. Sakai, Asst. Dist. Atty., San Antonio, for appellee.

Before ESQUIVEL, BUTTS and CANTU, JJ.

OPINION

ESQUIVEL, Justice.

This appeal was previously abated by this court with instructions to the trial court to allow appellant an evidentiary hearing on his motion for a new trial alleging denial of a fair trial because of jury misconduct during their deliberation as to punishment. A record of the hearing is now before us. Accordingly, our opinion delivered on May 12, 1982, is withdrawn and this opinion is substituted therefor.

This is an appeal...

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