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GONZALES v. STATE

No. 952-84.

689 S.W.2d 231 (1985)

Ismael GONZALES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 17, 1985.

Attorney(s) appearing for the Case

Clyde F. DeWitt, III, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., & Timothy G. Taft & Tim Horan, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. & Alfred Walker, First Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appeal is taken from a conviction for obscenity. After the jury found appellant guilty, the court assessed punishment at 5 days and a $1,000.00 fine. The Court of Appeals reversed appellant's conviction. Gonzales v. State, 676 S.W.2d 437 (Tex.Ap. —Houston [1st] 1984). The reversal by the Court of Appeals was based on the holding that the trial...

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