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ALLEN v. STATE

No. 560-90.

841 S.W.2d 7 (1992)

James Dwayne ALLEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 14, 1992.

Attorney(s) appearing for the Case

Lenda R. Bush, Fort Worth, for appellant.

Tim Curry, Dist. Atty., C. Chris Marshall and David K. Chapman, Asst. Dist. Attys., Fort Worth, 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 waived his right to a jury trial and, on April 22, 1988, pled guilty to burglary of a habitation. TEX. PENAL CODE ANN. § 30.02(a)(1). The trial court, pursuant to a plea bargain agreement assessed appellant's punishment at seven years' confinement in the Texas Department of Corrections1, probated for seven years. Three months later, the State filed...

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