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GARZA v. STATE

No. 1085-84.

771 S.W.2d 549 (1989)

Albert GARZA, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 17, 1989.

Attorney(s) appearing for the Case

Richard C. Mosty (court appointed on appeal), Kerrville, for appellant.

Joe Mike Egan, Jr., Former Dist. Atty., E. Bruce Curry, Dist. Atty., Kerrville, Tx. Robert Huttash, State's Atty. & Alfred Walker, First Asst. 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 burglary of a habitation. See V.T.C.A. Penal Code, § 30.02. The jury assessed punishment at 75 years confinement in the Texas Department of Corrections. The case was appealed to the Court of Appeals; the judgment of the trial court was reversed and the case was remanded. Garza v. State, 678 S.W.2d 183

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