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SAMUDIO v. STATE

No. 546-82.

648 S.W.2d 312 (1983)

Daniel SAMUDIO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Certiorari Denied June 20, 1983.

Attorney(s) appearing for the Case

Dan B. Gerson, Henry L. Burkholder, III, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Roberto Gutierrez, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

EN BANC.

Certiorari Denied June 20, 1983. See 103 S.Ct. 3113.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

Trial was before the court upon appellant's plea of not guilty to assault, a Class A misdemeanor. V.T.C.A. Penal Code, Sec. 22.01(a)(1). After finding appellant guilty, the court assessed punishment at one year, later reduced to six months. The conviction was reversed by the Court of Appeals for the First Supreme Judicial...

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