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WHITSEY v. STATE

No. 1121-87.

796 S.W.2d 707 (1989)

Larry Williams WHITSEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Granted November 8, 1989.

On Rehearing September 19, 1990.

Attorney(s) appearing for the Case

Stanley G. Schneider, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and Kathlyn Giannaula and Bob Stabe, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted by a jury of the offense of burglary of a habitation with intent to commit sexual assault. V.T.C.A. Penal Code, § 30.02(a)(1). The trial court assessed punishment at 99 years imprisonment in the Texas Department of Corrections. The Fourteenth Court of Appeals abated appellant's appeal and ordered the trial court to conduct a hearing on the Batson

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