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WARE v. STATE

No. 1116-85.

736 S.W.2d 700 (1987)

Albert Wayne WARE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 23, 1987.

Attorney(s) appearing for the Case

Frank W. Conard, II, Sweetwater, for appellant.

Norman Arnett, Dist. Atty., Sweetwater, and Andrew Ottaway, Asst. Dist. Atty., Frank Ginzel, Special Prosecutor, Colorado City, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

DUNCAN, Judge.

The appellant was convicted of retaliation as proscribed by § 36.06 Tex. Penal Code (1985) and was assessed punishment at twenty years in the penitentiary and a $10,000 fine. His conviction was affirmed by the Eleventh Court of Appeals in a published opinion: Ware v. State, 697 S.W.2d 70 (Tex.App.—Eastland 1985, pet. granted...

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