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MILCZANOWSKI v. STATE

No. 63763.

645 S.W.2d 445 (1983)

Anthony Wayne MILCZANOWSKI, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied March 1, 1983.

Attorney(s) appearing for the Case

Emmett Colvin, on appeal only, Houston, David L. Botsford, on appeal only, Austin, for appellant.

Henry Wade, Dist. Atty. and Fred C. McDaniel, Asst. Dist. Atty., Dallas, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ODOM, Judge.

This is an appeal from a conviction for prostitution under V.T.C.A., Penal Code Sec. 43.02(a)(1). Punishment was assessed by the court at 10 days in jail and a $400 fine.

In appellant's sixth ground of error he contends the judgment and sentence are at variance with the information.

The information, omitting the formal portions, alleges that appellant did:

"then and there knowingly agree to engage in sexual...

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