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ROBLES v. STATE

No. 13-81-079-CR. (2067cr).

628 S.W.2d 267 (1982)

Steve ROBLES aka Steve Tepp, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

February 11, 1982.

Attorney(s) appearing for the Case

Patrick A. Cullen, Victoria, for appellant.

Knute L. Dietze, Crim. Dist. Atty., Victoria, for appellee.

Before NYE, C. J., and UTTER and KENNEDY, JJ.

OPINION

KENNEDY, Justice.

Appellant was convicted by a jury of burglary of a vehicle, and his punishment was assessed at confinement for five years in the Texas Department of Corrections and a fine of one thousand dollars ($1,000.00).

At the outset, we perceive fundamental error. The statute involved is Tex.Penal Code Ann. Sec. 30.04 which defines burglary of vehicles in the following language:

"(a) A person commits an offense if, without...

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