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STATE v. RODRIGUEZ

No. 1364-96.

935 S.W.2d 163 (1996)

The STATE of Texas, Appellant, v. John Henry RODRIGUEZ, Appellee.

Court of Criminal Appeals of Texas, En Banc.

December 18, 1996.

Attorney(s) appearing for the Case

Laura Angelini, San Antonio, for appellee.

Edward Shaughnessy, III, Asst. Dist. Atty., San Antonio, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

State's Petition for Discretionary Review Refused.

MANSFIELD, Judge, dissenting to refusal of State's Petition for Discretionary Review.

For the reasons expressed in Smith v. State, 897 S.W.2d 348 (Tex.Crim.App.1995), I respectfully dissent to the refusal of the State's Petition for Discretionary Review...

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