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MARKHAM v. STATE

No. 04-81-00094-CR.

644 S.W.2d 53 (1982)

Bennie MARKHAM, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied December 29, 1982.

Attorney(s) appearing for the Case

Raul Villarreal, San Antonio, for appellant.

Bill White, Dist. Atty., Linda S. McDonald, Asst. Dist. Atty., San Antonio, for appellee.

Before CADENA, C.J., and BUTTS and CLARK, JJ.

OPINION

CLARK, Justice.

Appeal is taken from a conviction for burglary of a habitation, a first degree felony. Tex.Penal Code Ann. § 30.02(a)(3), (d)(1) (Vernon 1974). The punishment, enhanced by proof of prior felony convictions, was assessed by the jury at imprisonment for life. Tex.Penal Code Ann. § 12.42(d).

The record states that on October 17, 1978, at 8:00 in the morning, an eyewitness, David Wills, observed the appellant carrying...

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