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  5. 699 S.W.2d 337 (1985)
 

CASTILLO v. STATE

No. 01-85-0136-CR.

699 S.W.2d 337 (1985)

Walter Ruiz CASTILLO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

October 17, 1985.

Attorney(s) appearing for the Case

Frumencio Reyes, Renato Santos, Jr., Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., Calvin A. Hartmann, John Kyles, Ruben Perez, Harris County Asst. Dist. Attys., Houston, for appellee.

Before DUNN, WARREN and SAM BASS, JJ.

OPINION

DUNN, Justice.

The appellant was indicted in October of 1983 for the offense of burglary of a habitation with the intent to commit theft. He first stood trial in September of 1984, but that jury was discharged because they could not agree upon a verdict. In January of 1985, following the appellant's plea of "not guilty" to this offense, a second jury found him guilty as charged and assessed the maximum punishment of 99 years imprisonment and a $10...

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