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WHITING v. STATE

No. 1139-88.

797 S.W.2d 45 (1990)

Phillip WHITING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 24, 1990.

Attorney(s) appearing for the Case

Paul Joseph Goeke, San Antonio, for appellant.

Fred G. Rodriguez, Dist. Atty., and Anthony Miller, Kate Feiner and Barbara Hervey, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted by a jury of the misdemeanor offense of resisting arrest. V.T.C.A., Penal Code, § 38.03. The trial court assessed punishment at thirty days confinement, probated for twelve months1, and further assessed costs and a fine of $108.00.2 On direct appeal, appellant contended, inter alia, that...

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