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PENA v. STATE

No. 173-82.

640 S.W.2d 295 (1982)

Raul PENA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 25, 1982.

Attorney(s) appearing for the Case

Javier L. Correa, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Alvin M. Titus, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR REVIEW

ODOM, Judge.

The Court of Appeals reversed appellant's conviction for burglary of a habitation under V.T.C.A., Penal Code Sec. 30.02. Pena v. State, 630 S.W.2d 686. We granted leave to file State's petition for review to reconsider appellant's first ground of error, upon which the Court of Appeals found that the trial court abused its discretion by requiring the defendant to...

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