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LUCIANO v. STATE

No. 08-93-00121-CR.

855 S.W.2d 882 (1993)

Louis LUCIANO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

June 9, 1993.

Attorney(s) appearing for the Case

David C. Guaderrama, El Paso County Public Defender, El Paso, for appellant.

Jaime E. Esparza, Dist. Atty., El Paso, for State.

Before KOEHLER, BARAJAS and LARSEN, JJ.

OPINION

LARSEN, Justice.

This case is before the Court on the State's motion to dismiss under TEX. R.APP.P. 60(b). That rule provides:

An appeal shall be dismissed on the State's motion, supported by affidavit, showing that appellant has escaped from custody pending the appeal and that to the affiant's knowledge, has not voluntarily returned to lawful custody within the State within ten days after escaping.

The State's supporting documents...

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