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LUKEN v. STATE

No. 158-88.

780 S.W.2d 264 (1989)

Daniel Joseph LUKEN, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 22, 1989.

Attorney(s) appearing for the Case

Randy R. Holzapple, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Carol M. Cameron and Carol Davies, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S AND STATE'S PETITIONS FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of the offense of burglary of a habitation with the specific intent to commit sexual assault. V.T.C.A. Penal Code, § 30.02(a)(1). Pursuant to a special issue submitted at the guilt/innocence stage of trial, the jury found appellant used or exhibited a deadly weapon in the course of committing the offense. Article 42.12, § 3g, V.A.C.C.P...

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