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GARCIA v. STATE

No. 401-82.

661 S.W.2d 96 (1983)

Anastacio Hernandez GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 19, 1983.

Attorney(s) appearing for the Case

Robin Norris, Adolfo Quijano, Jr., El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and R. Bradford Stiles, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

A jury found Anastacio Hernandez Garcia, appellant, guilty of violating V.T.C.A., Penal Code, Sec. 21.02(a), (b)(4).1

The El Paso Court of Appeals affirmed his conviction. See Garcia v. State, 659 S.W.2d 843 (Tex.App.—El Paso 1982). We will reverse the judgment of the Court of Appeals.

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