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SPENCER v. STATE

No. 613-83.

672 S.W.2d 451 (1984)

Wayne SPENCER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 16, 1984.

Attorney(s) appearing for the Case

Patrick J. McGuire, Corpus Christi, for appellant.

William B. Mobley, Jr., Former Dist. Atty. and Shannon E. Salyer, Former Asst. Dist. Atty., Grant Jones, Dist. Atty. and Ron Barroso, and Jeffery A. Babcock, Asst. Dist. Attys., Corpus Christi, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of burglary of a habitation. Punishment was assessed at life imprisonment under the mandatory authority of V.T.C.A. Penal Code, Sec. 12.42(d).1

On direct appeal, the Corpus Christi Court of Appeals held that the trial court erred in failing to suppress evidence obtained in a search conducted pursuant to an invalid search warrant...

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