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VERTZ v. STATE

No. 09-85-219 CR.

712 S.W.2d 626 (1986)

George Francis VERTZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

June 18, 1986.

Attorney(s) appearing for the Case

Ronald Plessala, Provost, Umphrey, Swearingen & Eddins, Port Arthur, for appellant.

John R. DeWitt, Asst. Criminal Dist. Atty., Beaumont, for appellee.

OPINION

BURGESS, Justice.

George Francis Vertz waived trial by jury and plead guilty to aggravated assault. As a result of an agreed recommendation, the court assessed punishment at five years confinement in the Texas Department of Corrections (to run concurrent with two other convictions) and allowed appellant to appeal the denying of a motion to set aside the indictment pursuant to TEX.CRIM.CODE.PROC.ANN. art. 32A.02 (Vernon Supp.1986).

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