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McCLAY v. STATE

No. 07-96-0376-CR.

946 S.W.2d 170 (1997)

James McCLAY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled June 27, 1997.

Attorney(s) appearing for the Case

Joseph W. Kline, Lubbock, for appellant.

William C. Sowder, Criminal District Attorney, Lubbock, Michael West, for appellee.

Before BOYD, C.J., and DODSON and REAVIS, JJ.

REAVIS, Justice.

Upon a plea of not guilty, a jury found appellant James McClay guilty of aggravated kidnapping, a second degree felony, in cause number 95-421,404.1 Due to "faulty" pen packet evidence, the trial judge found the State's two enhancement allegations in the indictment "not true," and sentenced appellant to twenty (20) years confinement. Appellant thereafter filed a motion for, and was granted, a new trial, the effect of which...

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