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STARLLING v. STATE

No. 2-84-259-CR.

743 S.W.2d 767 (1988)

Grady Lee STARLLING, Appellant, v. STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

January 14, 1988.

Attorney(s) appearing for the Case

Lee Ann Dauphinot, Fort Worth, for appellant.

Tim Curry, Crim. Dist. Atty., and David L. Richards Asst. Crim. Dist. Atty., Fort Worth, for State.

Before BURDOCK, JOE SPURLOCK, II and HILL, JJ.

OPINION

JOE SPURLOCK, II, Justice.

A jury found appellant guilty of the offense of burglary of a habitation and that he had been convicted of two prior felonies. It assessed his punishment at confinement in the Texas Department of Corrections for 55 years. See TEX.PENAL CODE ANN. sec. 30.02 (Vernon 1974).

On original submission to the court, we affirmed Starlling's conviction. We held Starlling's warrantless arrest was legal under

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