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  5. 893 S.W.2d 156 (1995)
 

STATE v. REYNOLDS

No. 01-93-00937-CR.

893 S.W.2d 156 (1995)

The STATE of Texas, Appellant, v. Harold Farrell REYNOLDS, III, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

January 26, 1995.

Attorney(s) appearing for the Case

John F. Healey Jr., J. Sidney Crowley, Katherine M. Holton, Fort Bend, for appellant.

Theda Harley Lambert, Austin, for appellee.

Before OLIVER-PARROTT, C.J., and MIRABAL and O'CONNOR, JJ., concur.

OPINION

O'CONNOR, Justice.

A jury convicted Harold Farrell Reynolds, III, the appellee, of burglary of a habitation with intent to commit aggravated assault, assessed punishment at 40-years confinement, and set a fine. The appellee filed a motion for new trial which the trial court granted. The State appeals. We affirm the order granting a new trial and remand to the trial court for a new trial.

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