YBARBO v. STATE

No. 04-81-00450-CR.

659 S.W.2d 898 (1983)

Rudolfo YBARBO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

September 28, 1983.


Attorney(s) appearing for the Case

Gerald H. Goldstein, San Antonio, for appellant.

Bill White, Dist. Atty., Julie Pollock, Asst. Dist. Atty., San Antonio, for appellee.

Before CADENA, C.J., and ESQUIVEL and REEVES, JJ.


OPINION

CADENA, Chief Justice.

This is an appeal from a conviction for burglary. After a jury trial, punishment was assessed by the court at life imprisonment, pursuant to the habitual felon statute, TEX.PENAL CODE ANN. § 12.42(d) (Vernon 1981). We reverse.

On appeal this court has reviewed four points of error alleging deprivation of appellant's right to a speedy trial, insufficient evidence to support enhancement, and a fatal variance between...

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