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STATE v. HERNANDEZ

No. 12-89-00023-CR.

801 S.W.2d 8 (1990)

STATE of Texas, Appellant, v. Ray HERNANDEZ, Appellee.

Court of Appeals of Texas, Tyler.

November 30, 1990.

Attorney(s) appearing for the Case

William R. Pemberton, Crockett, for appellant.

Mark W. Patterson, Huntsville, Don Gordon, Crockett, for appellee.

COLLEY, Justice.

The State of Texas (appellant) brings this appeal1 from the court's order granting Ray Hernandez (appellee) a new trial in the prosecution of appellee for the offense of possession of a deadly weapon while confined in a "penal institution."2

The record reveals that a jury convicted appellee of the charged offense, and that the trial judge assessed appellee's punishment at 52 years'...

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