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MORRIS v. STATE

No. 2-81-226-CR.

642 S.W.2d 87 (1982)

Donald Everett MORRIS, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Discretionary Review Granted February 2, 1983.

Attorney(s) appearing for the Case

Don Gladden, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and Joe C. Lockhart, Asst. Dist. Atty., Fort Worth, for appellee.

Before HUGHES, SPURLOCK and HOLMAN, JJ.

OPINION

SPURLOCK, Justice.

Appellant, Donald Everett Morris, was charged with rape of a child. V.T.C.A. Penal Code, § 21.09. Morris filed a special plea asserting the defense of former conviction as a bar to his prosecution. An evidentiary hearing was held and the trial court overruled Morris' motion. Morris was found guilty in a trial before the court, which assessed punishment at eight (8) years imprisonment. Morris contends that the conviction for...

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