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MARINEZ v. STATE

No. 13-81-070-CR.

654 S.W.2d 500 (1983)

Valentin MARINEZ, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

May 5, 1983.

Attorney(s) appearing for the Case

Charles L. Williams, Clusing, Sharpe, Villarreal & Williams, Kingsville, for appellant.

Grant Jones, Dist. Atty., Corpus Christi, for appellee.

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

OPINION

NYE, Chief Justice.

This is an appeal from a conviction of burglary of a habitation, under Sec. 30.02(a)(1) Tex. Penal Code Ann. (Vernon 1974). The indictment alleged that appellant entered a habitation with the intent to commit rape. The evidence shows that appellant committed the offense of rape after entering the habitation. The jury found appellant guilty and assessed punishment at five years in the Texas Department of Corrections.

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