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BENTON v. STATE

No. 01-88-00475-CR.

770 S.W.2d 946 (1989)

Anthony Leon BENTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

May 11, 1989.

Attorney(s) appearing for the Case

Douglass M. O'Brien, Houston, for appellant.

John B. Holmes Jr., Dist. Atty., Jana K. Miller, Asst. Dist. Atty., Houston, for appellee.

Before EVANS, C.J. and O'CONNOR and DUGGAN, JJ.

OPINION

O'CONNOR, Justice.

A jury found appellant guilty of burglary, found two enhancement paragraphs true, and assessed punishment at 55 years confinement.

In his only point of error, appellant contends there is a fatal variance between the enhancement allegations and the State's proof at trial. Because of an error in the date of the second enhancement allegation, he argues the jury's finding of true to the enhancement paragraphs violated Tex.Penal...

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