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WARE v. STATE

No. 395-83.

749 S.W.2d 852 (1988)

Albert Wayne WARE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 6, 1988.

Attorney(s) appearing for the Case

Lance Hall, Sweetwater, for appellant.

Rusty Carroll, Former Dist. Atty., Sweetwater, and Lonnie Markley, Asst. Dist. Atty., Colorado City, Robert Huttash, State's Atty., and Alfred Walker, First Asst., State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Appellant was convicted by a jury for violating the provisions of V.T.C.A., Penal Code, Section 46.05(a), which states:

"A person who has been convicted of a felony involving an act of violence or threatened violence to a person or property commits an offense if he possesses a firearm away from the premises where he lives."

Punishment, enhanced pursuant to V.T. C.A., Penal...

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