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BLACK v. STATE

No. 1046-84.

739 S.W.2d 240 (1987)

Elvis BLACK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas. En Banc.

July 1, 1987.

Attorney(s) appearing for the Case

Randy Schaffer, on appeal only, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., James C. Brough and Ned Morris, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was charged with murder. Upon his plea of not guilty a jury found him guilty and assessed punishment at twenty-five years imprisonment. On direct appeal, appellant's conviction was affirmed in an unreported per curiam opinion of the Fourteenth Court of Appeals. Black v. State, Tex.App.—Houston [Fourteenth District], No. B14-81-047-CR, delivered November

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