JANUARY v. STATE

No. 12-88-00296-CR.

811 S.W.2d 631 (1991)

Frank JANUARY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Denied March 29, 1991.


Attorney(s) appearing for the Case

Sam R. Hicks, Palestine, for appellant.

Travis L. McDonald, Jr., Huntsville, for appellee.


PER CURIAM.

Appellant, Frank January, was convicted by a jury of the offense of possession of a deadly weapon in a penal institution and sentenced to ten years' confinement in the Texas Department of Corrections (hereinafter "TDC"). We affirm the judgment as reformed herein.

The evidence shows that during the search of a cell in the Michael Unit, TDC, officers found that a piece of metal had been cut out of the cell door, but upon searching the cell, the missing...

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