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DeLEON v. STATE

No. 1289-86.

731 S.W.2d 948 (1987)

Juan DeLEON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 22, 1987.

Attorney(s) appearing for the Case

G. David Smith, Odessa, for appellant.

R.C. "Eric" Augesen, Dist. Atty. and J. Roderick Price, Asst. Dist. Atty., Odessa, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

In an unpublished opinion the Court of Appeals relied on Yanez v. State, 677 S.W.2d 62 (Tex.Cr.App.1984), to find that appellant's motion to shuffle the jury panel came too late. DeLeon v. State (Tex.App. —El Paso 1986 No. 08-85-00326-CR, delivered November 19, 1986). It did not notice...

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