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MONCIVALLES v. STATE

No. 796-87.

758 S.W.2d 286 (1988)

Arturo M. MONCIVALLES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 5, 1988.

Attorney(s) appearing for the Case

Mark Stevens, San Antonio, for appellant.

Fred G. Rodriguez, Dist. Atty. and Al Hernandez, Tina Tussay and Use D. Bailey-Graham, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the Court En Banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

We granted the State's petition for discretionary review in order to review the decision of the Court of Appeals, see Moncivalles v. State, 733 S.W.2d 601 (Tex.App. -4th 1987), that no rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. The court of appeals also ordered the trial court to enter a...

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