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ALLEN v. STATE

No. 076-83.

659 S.W.2d 410 (1983)

Michael Ray ALLEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Discretionary Review Granted March 16, 1983.

Attorney(s) appearing for the Case

Gerald E. Hopkins, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. Winston E. Cochran, Jr., and Ned Morris, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted of the offense of attempted capital murder and punishment was assessed at imprisonment in the Texas Department of Corrections for 55 years. Appellant's conviction was reversed and remanded in a published opinion delivered by the Court of Appeals. Allen v. State, 657 S.W.2d 815 (Tex.App.—Houston (1st) 1982).

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