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MICHALENKO v. STATE

No. 936-83.

678 S.W.2d 75 (1984)

Michael L. MICHALENKO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 23, 1984.

Attorney(s) appearing for the Case

Bill Buckner, Georgetown, Mary P. Beeman, Florence, Larry Laden, David K. Chapman, Austin, for appellant.

Edward J. Walsh, Dist. Atty., Georgetown, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

BEFORE THE COURT EN BANC.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted of burglary of a habitation pursuant to V.T.C.A. Penal Code Sec. 30.02(a)(1) and assessed a life sentence, the jury having found he was twice before convicted of felonies as alleged in the indictment. See V.T.C.A. Penal Code Sec. 12.42(d). On appeal to the Third Court of Appeals sitting in Austin, his conviction was reversed and a judgment of acquittal was ordered. In...

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