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BUTLER v. STATE

No. 1063-83.

736 S.W.2d 668 (1987)

Melvin Edward BUTLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 16, 1987.

Attorney(s) appearing for the Case

Robert Udashen, Gary A. Udashen, Dallas, for appellant.

Henry Wade, Dist. Atty., and Jeffrey B. Keck, Jeff Hines and Barbara Gibbs, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Appellant was convicted of murder. His punishment, enhanced by a jury finding of two prior final convictions, was automatically assessed at life in the Texas Department of Corrections. This Court granted appellant's petition on a single ground: whether the Court of Appeals erred in affirming the trial court's denial of appellant's amended motion for new trial which was based upon...

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