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GARY v. STATE

No. 3-93-408-CR.

880 S.W.2d 485 (1994)

George GARY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 17, 1994.

Discretionary Review Refused October 12, 1994.

Attorney(s) appearing for the Case

Don Morehart, Austin, for appellant.

Ronald Earle, Dist. Atty., Robert Smith, Asst. Dist. Atty., Austin, for appellee.

Before POWERS, ABOUSSIE and JONES, JJ.

PER CURIAM.

Appellant pleaded guilty to burglary of a habitation. Tex.Penal Code Ann. § 30.02 (West 1989). After finding that the evidence substantiated appellant's guilt, the district court deferred adjudication and placed appellant on probation. The State subsequently filed a motion to adjudicate. On the recommendation of the magistrate to whom the matter was referred, appellant's probation was revoked and he was adjudged guilty, punishment was assessed at...

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