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TOMLIN v. STATE

No. 1064-85.

722 S.W.2d 702 (1987)

Earl Gene TOMLIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 14, 1987.

Attorney(s) appearing for the Case

William A. Adair, Conroe, for appellant.

James H. Keeshan, Dist. Atty., and Peter C. Speers, III, Asst. Dist. Atty., Conroe, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was charged with burglary of a habitation, and was tried and found guilty by a jury in the 221st Judicial District Court of Montgomery County. During the punishment phase of the trial, the jury found that appellant had four prior felony convictions, and in accordance with V.T.C.A. Penal Code, § 12.42(d), appellant was given a life sentence. In appellant's first petition...

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