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THOMAS v. STATE

No. A14-89-652-CR.

801 S.W.2d 540 (1990)

Olin Junior THOMAS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Discretionary Review Granted February 20, 1991.

Attorney(s) appearing for the Case

Michael B. Charlton, Houston, David A. Bishop, Gilmer, for appellant.

Jerome Aldrich, Angleton, for appellee.

Before J. CURTISS BROWN, C.J., and JUNELL and MURPHY, JJ.

OPINION

JUNELL, Justice.

A jury convicted appellant of carrying a deadly weapon in a penal institution and assessed punishment, enhanced by two prior convictions, at imprisonment for life. Appellant brings four points of error. For the purpose of this appeal we find it necessary to address only appellant's second point of error. We reverse and acquit.

On May 13, 1988, guards at the Darrington Unit, Texas Department of Corrections, were conducting...

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