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MITCHELL v. STATE

No. 264-90.

807 S.W.2d 740 (1991)

Terry MITCHELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Overruled May 1, 1991.

Attorney(s) appearing for the Case

Floyd W. Freed, III, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., J. Harvey Hudson, Susan Baetz, Asst. Dist. Attys., Houston, and Robert Huttash, State's Atty., Austin, for the State.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

The appellant was convicted by a jury on an indictment charging burglary of a habitation, V.T.C.A. Penal Code, § 30.02(a)(1), enhanced by a prior felony conviction, V.T. C.A. Penal Code, § 12.42(c). The jury, upon finding the enhancement allegations to be true, assessed punishment at confinement in the Department of Criminal Justice, Institutional Division for a term of twenty...

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