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MARION v. STATE

No. 08-81-00270-CR.

642 S.W.2d 55 (1982)

Timothy Wayne MARION, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied November 17, 1982.

Discretionary Review Refused March 1, 1983.

Attorney(s) appearing for the Case

Gary Norwood, Cotton, Bledsoe, Tighe & Dawson, P.C., Midland, for appellant.

Vern F. Martin, Dist. Atty., Steven W. Bruneman, Asst. Dist. Atty., Midland, for appellee.

Before STEPHEN F. PRESLAR, C.J., and WARD and SCHULTE, JJ.

OPINION

WARD, Justice.

This is an appeal from a conviction for burglary of a habitation. The court assessed punishment at sixteen years confinement. We affirm.

In Ground of Error No. One, Appellant contends that the court's charge to the jury failed to include an essential element of the offense as required by Penal Code Section 30.02(a)(1) and the indictment. The State's pleadings accused Appellant of entering a habitation without the owner's effective...

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