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GANN v. STATE

No. 1378-91.

825 S.W.2d 466 (1992)

Bobby James GANN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Dissenting Opinion May 27, 1992.

Attorney(s) appearing for the Case

Rosemary Garza (on appeal only) Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Alan Curry and David Pendleton, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

PER CURIAM.

A jury convicted appellant of burglary of a building and assessed punishment at confinement for life after finding appellant was a habitual offender. The Court of Appeals affirmed the conviction, Gann v. State, 818 S.W.2d 69 (Tex.App—Hou.[lst] 1990), finding that even if counsel's failure to object to evidence admitted at the punishment phase...

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