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BUSH v. STATE

No. 63790.

642 S.W.2d 787 (1982)

Eddie BUSH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied January 5, 1983.

Attorney(s) appearing for the Case

David B. Ziegler, court appointed on appeal only, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Carl D. Haggard and Rick Trevathan, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ONION, Presiding Judge.

Appellant was indicted for aggravated rape with two prior felony convictions for theft and burglary alleged for enhancement of punishment. V.T.C.A., Penal Code, § 12.42(d). A jury found the appellant guilty of the lesser included offense of rape. The enhancement paragraphs were found to be true by the court and appellant's punishment was assessed at life imprisonment.

Appellant contends the trial court fundamentally...

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