LUKEN v. STATE

No. 01-86-00576-CR.

744 S.W.2d 274 (1987)

Daniel Joseph LUKEN, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Granted (Appellant) April 27, 1988.

Discretionary Review Granted (State) April 27, 1988.


Attorney(s) appearing for the Case

Randy R. Holzapple, Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., Carol M. Cameron, Carol Davies, Harris County Asst. Dist. Attys., Houston, for appellee.

Before EVANS, C.J., and COHEN and DUGGAN, JJ.


COHEN, Justice.

Our original opinion is withdrawn, and the following is substituted.

A jury found appellant guilty of felony burglary of a habitation with intent to commit sexual assault, and that he used a deadly weapon in the commission of this offense. The jury then found the enhancement paragraph allegation true, and assessed punishment of confinement for 75 years.

The appellant does not challenge the sufficiency of the evidence. Early on February...

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