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FRANKLIN v. STATE

No. 2-86-231-CR.

733 S.W.2d 715 (1987)

Ruben Edward FRANKLIN, III, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

July 15, 1987.

Attorney(s) appearing for the Case

Pamela J. Moore, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and C. Chris Marshall, Delonia A. Watson, Asst. Dist. Attys., Fort Worth, for the State.

Before FENDER, C.J., and BURDOCK and FARRIS, JJ.

OPINION

FENDER, Chief Justice.

Ruben Edward Franklin, III appeals his conviction for sexual assault, a second degree felony. See TEX.PENAL CODE ANN. sec. 22.011 (Vernon Supp.1987). Upon finding that allegations of two prior felony convictions were true, the jury assessed appellant's punishment at 30 years confinement in the Texas Department of Corrections. Appellant appeals on the grounds that the trial court wrongfully overruled his motion to set...

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