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CASTLEBERRY v. STATE

No. 166-83.

704 S.W.2d 21 (1984)

William Charles CASTLEBERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied February 12, 1986.

Attorney(s) appearing for the Case

Brian W. Wice, Houston (court appointed on appeal), for appellant.

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

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Before us on State's petition for discretionary review is the Houston (1st) Court of Appeals' vacation of appellant's 20 year sentence assessed by the trial court pursuant to his jury conviction for burglary of a habitation.

The record reveals appellant was indicted for burglary of a habitation, a first degree felony,1 alleged to have been committed...

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