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BORGEN v. STATE

No. 946-83.

672 S.W.2d 456 (1984)

Eric Thomas BORGEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 16, 1984.

Attorney(s) appearing for the Case

Murry B. Cohen, Stanley G. Schneider, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and Winston E. Cochran, Jr. and Richard Mason, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was convicted of sexual abuse. V.T.C.A., Penal Code, § 21.04(a)(1). Punishment was assessed by the jury at 10 years' imprisonment and a fine of $10,000.00.

On appeal the Houston Court of Appeals (1st District) reversed the conviction as a result of unobjected to, but improper prosecutorial jury argument at the guilt stage of the trial. Borgen v. State,...

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