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ARMSTRONG v. STATE

No. 128-90.

805 S.W.2d 791 (1991)

Charles Dwight ARMSTRONG, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 20, 1991.

Attorney(s) appearing for the Case

John D. Nation, Dallas, for appellant.

John Vance, Dist. Atty., and Patricia Poppoff Noble, Asst. Dist. Atty., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was convicted in a bench trial of the offense of burglary of a building. At his punishment hearing, appellant pled not true to the second paragraph and true to the third paragraph1 of the indictment. The trial court excluded the State's proof of the second paragraph and found those allegations not true. The court then found the allegations in the third...

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