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McAFEE v. STATE

No. 08-83-00193-CR.

658 S.W.2d 200 (1983)

Clifton McAFEE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

August 10, 1983.

Attorney(s) appearing for the Case

David K. Chapman, San Antonio, for appellant.

Bill M. White, Criminal Dist. Atty., San Antonio, for appellee.

Before STEPHEN F. PRESLAR, C.J., and OSBORN and SCHULTE, JJ.

OPINION

SCHULTE, Justice.

This is an appeal from a habitualized conviction for burglary. Upon jury findings of guilt and true as to the habitualization counts, punishment was assessed at life imprisonment. We affirm.

The sole ground of error asserts the charge on guilt-innocence was fundamentally defective because it omitted "intentionally or knowingly" in the application paragraph. The indictment, based on Tex.Penal Code Ann. sec. 30.02(a)(1) (Vernon...

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