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GIBSON v. STATE

No. 2-89-149-CR.

789 S.W.2d 421 (1990)

David Paul GIBSON, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled May 31, 1990.

Discretionary Review Refused August 22, 1990.

Attorney(s) appearing for the Case

Kerry P. Fitzgerald and Richard C. Jenkins, Dallas, for appellant.

Jerry Cobb, Dist. Atty. and Gwinda Burns, Asst. Dist. Atty., Denton, for the State.

Before WEAVER, C.J., and JOE SPURLOCK, II and DAY, JJ.

OPINION

DAY, Justice.

Appellant, David Paul Gibson, pled not guilty to the first degree felony offense of injury to a child under TEX. PENAL CODE ANN. sec. 22.04 (Vernon 1990). The jury found him guilty and assessed punishment at fifty years confinement in the Texas Department of Corrections.1

We reverse and remand the trial court's judgment.

Gibson, twenty-three years of age, was employed at Piggly-Wiggly and...

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