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MOONE v. STATE

No. 3-89-132-CR.

802 S.W.2d 101 (1990)

Robert L. MOONE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Discretionary Review Refused March 20, 1991.

Attorney(s) appearing for the Case

Bruce S. Fox, Dowling & Wilson, P.C., Austin, for appellant.

Ronald Earle, Dist. Atty., Dayna Blazey Baird, Gail Van Winkle, Asst. Dist. Attys., Austin, for appellee.

Before CARROLL, ABOUSSIE and JONES, JJ.

ON MOTION FOR REHEARING

JONES, Justice.

The opinion issued by this Court on November 14, 1990, is withdrawn, and the following is filed in lieu thereof.

A jury found Robert L. Moone, appellant, guilty of the offense of burglary of a habitation with the intent to commit aggravated sexual assault, Tex.Pen.Code Ann. §§ 30.02, 22.021 (1989), and made an express finding that he had used or exhibited a deadly weapon in the commission of the offense...

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