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BATISTE v. STATE

No. 366-90.

830 S.W.2d 951 (1992)

James BATISTE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 8, 1992.

Attorney(s) appearing for the Case

Ken J. McLean (court appointed on appeal), Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Winston E. Cochran, Jr. and Larry Standley, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

Petition for Discretionary Review Refused.

CLINTON, Judge, dissenting.

Appellant was convicted of aggravated sexual assault and sentenced to fifty years confinement. On appeal he alleged that the trial court erred in allowing the State, over objection, to amend an enhancement paragraph of the indictment under Article 28.10, V.A.C.C.P., to substitute a 1967 final felony conviction for the 1964 felony conviction that was originally pled. Article 28.10(c) provides...

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