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LUCIANO v. STATE

No. 854-93.

906 S.W.2d 523 (1995)

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

Court of Criminal Appeals of Texas, En Banc.

September 20, 1995.

Attorney(s) appearing for the Case

David C. Guaderrama, El Paso, for appellant.

Jamie A. Pena, John L. Davis, Assistant District Attorneys, El Paso, Robert A. Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

MANSFIELD, Judge.

Texas Rule of Appellate Procedure 60(b) provides in part:

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....

(Emphasis added...

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