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  5. 919 S.W.2d 502 (1996)
 

HIGGINBOTHAM v. STATE

No. 2-94-285-CR.

919 S.W.2d 502 (1996)

Clifton Howard HIGGINBOTHAM, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled June 13, 1996.

Attorney(s) appearing for the Case

Mary B. Thornton, Fort Worth, for appellant.

Tim Curry, Criminal District Attorney, Fort Worth, Betty Marshall and Charles Mallin, Assistant Chiefs of the Appellate Section, Fort Worth, Steven W. Conder, Carol Montgomery, and Leslie Hardy, Assistant Criminal District Attorneys, Fort Worth, for appellee.

Before BRIGHAM, J., and H. BRYAN POFF, Jr. and CHUCK MILLER, JJ., Sitting by Assignment.

OPINION

MILLER, Justice, sitting by assignment.

Appellant Clifton Howard Higginbotham was indicted for the offense of burglary of a building, enhanced by two prior convictions. After a trial by jury on a not guilty plea, he was found guilty and, after pleading true to both enhancement paragraphs, was assessed a punishment by the jury of forty years in the Institutional Division of the Texas Department of Criminal Justice. On appeal, Higginbotham brings two...

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