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FITZGERALD v. STATE

No. 12-85-0076-CR.

722 S.W.2d 817 (1987)

Donald Ray FITZGERALD, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Denied February 5, 1987.

Attorney(s) appearing for the Case

Bobby Freeman, Palestine, for appellant.

Richard Handorf, Dist. Atty., Palestine, for appellee.

COLLEY, Justice.

Donald Ray Fitzgerald was convicted by a jury of felony escape. Punishment, enhanced by two prior felony convictions, was assessed by the jury at fifty years' confinement.

Fitzgerald urges seven points of error, none of which challenges the sufficiency of the evidence to support his conviction. We conclude that points two and four must be sustained, and therefore reverse the judgment and remand...

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