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MOLENDA v. STATE

No. 09-83-134 CR.

712 S.W.2d 525 (1984)

Robert Earl MOLENDA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Petition for Discretionary Review Granted October 3, 1984.

Attorney(s) appearing for the Case

Douglas Barlow, Beaumont, for appellant.

John R. DeWitt, Asst. Crim. Dist. Atty., Beaumont, for appellee.

OPINION

BROOKSHIRE, Justice.

In a bench trial, appellant entered a plea of guilty to the offense of attempted burglary of a building. He was found guilty of such offense and his punishment was assessed at confinement for a period of ten years.

Appellant contends the indictment is fundamentally defective "in that the facts alleged do not constitute the offense of attempted burglary."

The indictment returned against appellant alleges:

...

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