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AGUILAR v. STATE

No. 004-84.

682 S.W.2d 556 (1985)

Ruben AGUILAR, Appellant, v. The STATE OF Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 9, 1985.

Attorney(s) appearing for the Case

Adolph Quijano, Jr., Robin Norris, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and Nick O. Martinez, Jr., Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty. and Alfred Walker, First Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

This is an appeal from a conviction of attempted burglary of a building with intent to commit theft pursuant to V.T.C.A. Penal Code, § 15.01(a) and § 30.02(a)(1). The trial court assessed punishment at ten years imprisonment, probated, and a $250.00 fine.

On direct appeal, the El Paso Court of Appeals reversed the conviction and remanded the case for a new trial because...

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