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COOPER v. STATE

No. 211-89.

791 S.W.2d 80 (1990)

Charles COOPER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Granted April 25, 1990.

On Rehearing June 6, 1990.

Attorney(s) appearing for the Case

John F. Carrigan (court appointed on appeal only), Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Alan Curry, Helena Gentry, Kathlyn Giannaula, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Alfred Walker, First Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

BERCHELMANN, Judge.

Appellant was charged with burglary of a building with intent to commit theft. After trial by jury, appellant was found guilty as indicted. The jury found "true" two enhancement allegations and assessed punishment at forty-five years' confinement in the Texas Department of Corrections.1

The Court of Appeals reversed appellant's conviction pursuant...

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