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NIETO v. STATE

No. 13-88-011-CR.

767 S.W.2d 905 (1989)

Felipe NIETO, Jr., A/K/A Felipe Stokes Nieto, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

March 16, 1989.

Attorney(s) appearing for the Case

Kyle Welch, McAllen, for appellant.

Rene Guerra, Dist. Atty., Edinburg, for appellee.

Before KENNEDY, UTTER and BENAVIDES, JJ.

OPINION

KENNEDY, Justice.

A jury found Felipe Nieto, Jr. guilty of burglary of a habitation with intent to commit theft. The trial court found Nieto to be a repeat offender and assessed punishment at thirty years confinement. Nieto appeals by a single point of error, complaining that the trial court erred in overruling his motion for an instructed verdict of acquittal because the evidence was insufficient as a matter of law to identify him as the person...

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