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ALSTON v. STATE

No. 2-83-052-CR.

722 S.W.2d 24 (1986)

Gerald Dean ALSTON, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied January 14, 1987.

Attorney(s) appearing for the Case

John M. Anderson, Fort Worth, for Alston.

Mac Smith, Dist. Atty., Weatherford, for the State.

Before FENDER, C.J., KELTNER, J. and HUGHES, Senior Justice (Retired, Sitting by Assignment).

OPINION ON REMAND

HUGHES, Senior Justice (Retired, sitting by assignment).

Gerald Dean Alston appealed the judgment reciting his conviction of the offense of possession of a firearm by a felon wherein he was assessed confinement in the Texas Department of Corrections for a term of six years. See TEX.PENAL CODE ANN. sec. 46.05 (Vernon 1974). After this court affirmed appellant's conviction, Alston v. State, 678 S.W.2d 300

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