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WALDO v. STATE

No. 448-86.

746 S.W.2d 750 (1988)

Wayne Dotson WALDO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 10, 1988.

Attorney(s) appearing for the Case

Mark Stevens, San Antonio, for appellant.

Sam D. Millsap, Jr., Former Dist. Atty. and Fred G. Rodriguez, Dist. Atty., and Raymond J. Hardy, Jr. and Margaret M. Embry, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of the offense of murder and his punishment assessed by the jury at 99 years confinement in the Texas Department of Corrections. On his appeal to the San Antonio Court of Appeals appellant complained of an allusion to his postarrest, postMiranda silence made by a police investigator during the State's case in chief. The court of appeals ruled that the...

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