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PHILLIPS v. STATE

No. 09-90-080 CR.

804 S.W.2d 319 (1991)

Larry Eugene PHILLIPS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

February 13, 1991.

Attorney(s) appearing for the Case

Curtis W. Fenley, III, Lufkin, for appellant.

Clyde M. Herrington, Asst. Dist. Atty., Lufkin, for the State.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

OPINION

WALKER, Chief Justice.

This is an out-of-time appeal based on the granting of a Writ of Habeas Corpus by the Court of Criminal Appeals on April 25, 1990. Appellant had entered a plea of guilty on April 24, 1989 to the felony offense of Aggravated Sexual Assault. There was no plea bargain recommendation as to punishment other than the State agreeing to make no recommendation. Prior to his guilty plea in April, appellant had filed a sworn "Application...

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