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GORDON v. STATE

No. 486-84.

707 S.W.2d 626 (1986)

William GORDON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 16, 1986.

Attorney(s) appearing for the Case

Allen C. Isbell, Houston (on appeal only), for appellant.

John B. Holmes, Jr., Dist. Atty. and Winston E. Cochran, Jr., and John Holleman, 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

CLINTON, Judge.

Appellant was found guilty by a jury of violating the civil rights of a prisoner, a felony of the third degree, which rises to second degree if the complainant sustains serious bodily injury, and to first degree felony "if death occurs." V.T.C.A. Penal Code, § 39.021(b). The jury found appellant guilty of a third degree felony and assessed his punishment at five years confinement...

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