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YALCH v. STATE

No. 398-86.

743 S.W.2d 231 (1988)

John Joseph YALCH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 20, 1988.

Attorney(s) appearing for the Case

R.O. Harris, Killeen, Bob D. Odom, Temple, for appellant.

Arthur C. Eads, Dist. Atty. and James T. Russell, Asst. Dist. Atty., Belton, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted by a jury for the offense of attempted capital murder. See V.T.C.A. Penal Code, Sec. 15.01, 19.03(a). Punishment was assessed by the jury at 20 years imprisonment in the Texas Department of Corrections. Appellant contended and the Court of Appeals, 3rd Supreme Judicial District, found, in an unpublished opinion, that there was a fatal variance between the allegations...

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