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EX PARTE BROWN

No. 69450.

757 S.W.2d 367 (1988)

Ex parte Thomas Gerald BROWN.

Court of Criminal Appeals of Texas, En Banc.

September 14, 1988.

Attorney(s) appearing for the Case

Clifton L. Holmes, Longview, for appellant.

Tommy W. Wallace, Dist. Atty., Canton, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

McCORMICK, Judge.

This is a post-conviction habeas corpus proceeding which is before this Court pursuant to the provisions of Article 11.07, V.A.C.C.P.

In January of 1979, applicant was convicted by a jury of the offense of incest.1 At the punishment phase of the trial, applicant pled "not true" to the two enhancement paragraphs' allegations. The jury, however, found the allegations of two prior convictions to...

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