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SOLIS v. STATE

No. 1183-86.

792 S.W.2d 95 (1990)

Eddie SOLIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 27, 1990.

Attorney(s) appearing for the Case

Dennis Sagebiel (Court-appointed), David A. Grauer, Charles Jordan, Seguin, for appellant.

W.C. Kirkendall, Dist. Atty., and Sean K. Proctor, Asst. Dist. Atty., Seguin, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW AND APPELLANT'S CROSS-PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was convicted by a jury of burglary of a habitation. The jury assessed his punishment at twenty-five years imprisonment. On direct appeal appellant argued the trial court committed error by not instructing the jury that one of the State's witnesses was an accomplice as a matter of law. Appellant's trial counsel

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