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THOMAS v. STATE

Nos. 1166-83, 1167-83.

708 S.W.2d 861 (1986)

Scott Martel THOMAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 7, 1986.

Attorney(s) appearing for the Case

Robert Udashen, Dallas, for appellant.

Henry Wade, Dist. Atty., and Ruth E. Plagenhoef, Asst. Dist. Atty., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

In 1981 appellant pleaded guilty before a jury to burglary of a habitation in Cause No. F-81-11091-MP. The jury assessed punishment at 8 years and a $5,000 fine, probated. In November, 1982, in Cause No. F-82-79655-P, the court convicted appellant of attempted burglary of a habitation after a trial before the court upon his plea of not guilty. The court sentenced appellant to 10...

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