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YARBROUGH v. STATE

No. 1023-84.

703 S.W.2d 645 (1985)

Donald B. YARBROUGH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 27, 1985.

Attorney(s) appearing for the Case

David L. Botsford, Charles R. Burton, Austin, for appellant.

Ronald Earle, Dist. Atty. and Philip A. Nelson, Jr., Asst. Dist. Atty., Robert Huttash, State's Atty., and Alfred Walker, First Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

TEAGUE, Judge.

In a proceeding before the trial court, Donald B. Yarbrough, appellant, was convicted on his plea of guilty of committing the offense of failure to appear. V.T.C.A., Penal Code, Section 38.11. Punishment was assessed by the trial judge at seven years' confinement in the Department of Corrections.

The record reflects that appellant had previously been convicted of the offense of aggravated perjury and had been released on a...

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