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FLORES v. STATE

No. 100-85.

716 S.W.2d 505 (1986)

Raul Borrego FLORES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 17, 1986.

Attorney(s) appearing for the Case

Douglas Gelo, El Paso, for appellant.

Luther Jones, Co. Atty. and Todd Chenoweth, Asst. Co. Atty., El Paso, Robert Huttash, State's Atty. and Alfred Walker, First Asst., State's Atty., Austin, for State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of carrying a prohibited weapon, a switchblade knife, and sentenced to 100 days' confinement in the El Paso County Jail and a $200 fine, probated.

The El Paso Court of Appeals, in an unpublished opinion, reversed appellant's conviction holding that "the mere capability of prohibited operation by the broken weapon without proof that the knife is used in the...

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