LEE v. STATE

No. 1215-89.

791 S.W.2d 141 (1990)

Raymond Harold LEE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 20, 1990.


Attorney(s) appearing for the Case

Terrence Gaiser, court appointed on appeal only, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Mary Lou Keel and Jose Gonzalez-Falla, Asst. Dist. Attys., Houston, and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant in this cause was convicted of the offense of burglary of a habitation and his punishment was assessed by the jury at 55 years in the Texas Department of Corrections. On appeal, the First Court of Appeals reversed and remanded the conviction, holding that the trial court erred in failing to grant appellant's motion for new trial alleging jury misconduct. Lee v. State,

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