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WALLER v. STATE

No. 67758.

648 S.W.2d 308 (1983)

Paul Edward WALLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Rehearing April 13, 1983.

Attorney(s) appearing for the Case

Joseph A. Sterle, Texarkana, for appellant.

Louis J. Raffaelli, Dist. Atty. and Rodney D. McDaniel and David W. Malaby, Jr., Asst. Dist. Attys., Texarkana, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for State.

Before the Court en banc.

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of burglary of a building; V.T. C.A. Penal Code, Section 30.02; the punishment is imprisonment for 10 years.

V.T.C.A. Penal Code, Section 30.02(a)(1) provides:

"A person commits an offense if, without the effective consent of the owner, he: enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a...

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