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FAIN v. STATE

No. 610-85.

725 S.W.2d 200 (1986)

Clifton Eugene FAIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

December 17, 1986.

Attorney(s) appearing for the Case

Martin Underwood, Comstock, Joseph A. Connors, III (on appeal only), McAllen, for appellant.

Phil Pollan, Dist. Atty., Fort Stockton, Douglas M. Becker and Ray Goldstein, Sp. Prosecutors, Austin, Robert Huttash, State's Atty., Austin, for the State.

Before the court in banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

The jury returned a verdict of guilty of rape, and found the enhancement allegations true. As mandated by the statute in effect at the time of appellant's trial, the trial court assessed life imprisonment. The Eighth Court of Appeals (El Paso) affirmed. Fain v. State, 688 S.W.2d 235 (1985). The Court of Appeals found that appellant's claim...

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