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SWEENEY v. STATE

No. 848-84.

704 S.W.2d 33 (1985)

Charles Waverly SWEENEY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 20, 1985.

Attorney(s) appearing for the Case

Edwin Fitzgerald, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and James C. Brough and Donald A. Smyth, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

The appellant was tried in Harris County before a jury and convicted of the offense of burglary of a habitation. See V.T.C.A., Penal Code § 30.02. At the punishment phase of his trial, the jury found allegations of two prior convictions to be true, and punishment, after enhancement, was assessed at confinement for life in the Texas Department of Corrections. The appellant appealed...

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