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BOSTON v. STATE

No. 1255-92.

871 S.W.2d 752 (1994)

Darrell Lee BOSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 16, 1994.

Attorney(s) appearing for the Case

Steven A. Kelley, Waxahachie, for appellant.

Mary Lou Shipley, Dist. Atty. & David Sloan, Asst. Dist. Atty., Waxahachie, Robert Huttash, State's Atty. & Carl E.F. Dally, First Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITIONS FOR DISCRETIONARY REVIEW

PER CURIAM.

A jury convicted Appellant of robbery and assessed his punishment at twenty-five years imprisonment after finding he was a habitual offender. This conviction was reversed. Boston v. State, 833 S.W.2d 334 (Tex.App.— Waco 1992).

The Court of Appeals held that Article 36.01, V.A.C.C.P., allows a defendant to make an opening statement...

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