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LUCIO v. STATE

No. 04-86-00622-CR.

740 S.W.2d 115 (1987)

Rene Antonio LUCIO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

November 12, 1987.

Attorney(s) appearing for the Case

Jose Eduardo Pena, Laredo, for appellant.

Anna L. Cavazos, Asst. Dist. Atty., Laredo, for appellee.

Before ESQUIVEL, REEVES and DIAL, JJ.

OPINION

ESQUIVEL, Justice.

This is an appeal from a judgment of conviction in a burglary of a habitation case. See TEX.PENAL CODE ANN. § 30.02(a)(1) (Vernon 1974). We reverse.

Appellant and co-defendant Rafael Trevino (Trevino) were jointly charged by indictment with entering a habitation without the effective consent of the owner with the intent to commit theft. Appellant and Trevino were...

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