PURCELLA v. STATE

No. 04-87-00577-CR.

762 S.W.2d 696 (1988)

Wayne Martin PURCELLA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

December 7, 1988.


Attorney(s) appearing for the Case

Preston Douglas, Kerrville, Elton V. Amburn, Jr., Ingram, for appellant.

Ronald L. Sutton, Dist. Atty., Junction, for appellee.

Before ESQUIVEL, BUTTS, and CHAPA, JJ.


OPINION

CHAPA, Justice.

Appellant Wayne Martin Purcella appeals a jury sentence following a conviction for the offense of burglary of a habitation with the intent to commit aggravated assault. Following a plea of guilty, the jury assessed punishment at fifteen years' and one day confinement.

In the judgment, the trial court decreed that a deadly weapon was used in the assault. The State, however, has conceded that the judgment should be reformed...

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