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HUBBARD v. STATE

No. 864-88.

798 S.W.2d 798 (1990)

Ex parte Verdis Dewayne HUBBARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 14, 1990.

Attorney(s) appearing for the Case

George E. Renneberg, Conroe, for appellant.

Peter C. Speers, III, Dist. Atty. and Thomas D. Glenn, Asst. Dist. Atty., Conroe, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

The appellant, Verdis Dewayne Hubbard, was indicted in 1987 for burglary of a habitation and burglary of a motor vehicle, the indictment indicating the offenses occurred four days apart. After a jury was selected, sworn and impanelled for trial, appellant made an oral motion to compel the State to elect between the counts in the indictment based upon misjoinder of the offenses. The State...

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