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SUBIA v. STATE

No. 08-91-00039-CR.

836 S.W.2d 711 (1992)

Danny Ruiz SUBIA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled August 19, 1992.

Attorney(s) appearing for the Case

Robert Leahey, Odessa, for appellant.

Gary Garrison, Dist. Atty., Odessa, for appellee, State.

Before KOEHLER, BARAJAS and LARSEN, JJ.

OPINION

BARAJAS, Justice.

This is an appeal from a conviction for the offense of burglary of a vehicle—habitualized by the finding of two prior felony convictions. The jury assessed punishment at 50 years' confinement in the Institutional Division of the Texas Department of Criminal Justice. In two points of error, Appellant attacks the judgment of conviction. We reverse.

I. SUMMARY OF THE EVIDENCE

On May 31, 1990, a report was filed...

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