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SANCHEZ v. STATE

No. 744-85.

745 S.W.2d 353 (1988)

Albert Roy SANCHEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 27, 1988.

Attorney(s) appearing for the Case

William R. Bowden, Jr., Odessa, for appellant.

Al W. Schorre, Dist. Atty. and Wayne Frost, Asst. Dist. Atty., Midland, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

The record reflects that Albert Roy Sanchez, hereinafter appellant, was found guilty by a jury of committing the offense of attempted capital murder of Arlene Mullin pursuant to the following "application paragraph" of the trial judge's charge to the jury:

Now, if you find from the evidence beyond a reasonable doubt that on or about the 6th day of October, 1983, in Midland County...

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