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GARDNER v. STATE

No. 497-86.

777 S.W.2d 717 (1989)

Roy Elvin GARDNER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Rehearing September 27, 1989.

Attorney(s) appearing for the Case

William E. Norman, Dallas, for appellant.

Henry Wade, Former Dist. Atty. and John Vance, Dist. Atty. and Kathleen A. Walsh, John Marshall, Jeffrey H. Hines and Patricia Poppoff Noble, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S MOTION FOR REHEARING

PER CURIAM.

Our opinion on original submission is withdrawn.

The record reflects that after Roy Elvin Gardner, henceforth appellant, pled guilty to the charge of murder, the jury convicted him of that offense and assessed his punishment at fifty years' confinement in the Department of Corrections. On direct appeal, the Fifth Court of Appeals affirmed. See Gardner v. State, 711 S...

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