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NUNEZ v. STATE

No. 08-86-00190-CR.

769 S.W.2d 599 (1989)

Rafael Guerrero NUNEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

March 8, 1989.

Attorney(s) appearing for the Case

Richard R. Alvarado, Odessa, for appellant.

Gary Garrison, Dist. Atty., Odessa, for appellee.

Before OSBORN, C.J., and FULLER and KOEHLER, JJ.

OPINION ON REMAND

OSBORN, Chief Justice.

This is an appeal from a conviction for aggravated assault with a deadly weapon, a pistol. The jury assessed punishment at two and one-half years' imprisonment. We affirm.

Upon original review by this Court, Appellant's challenge to the constitutionality of a parole instruction to the jury under Tex.Code Crim.Pro.Ann. art. 37.07, sec. 4 (Vernon Supp.1989) was rejected, and the conviction was affirmed. Nunez...

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