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HERNANDEZ v. STATE

No. 06-01-00171-CR.

84 S.W.3d 26 (2002)

Roger Rocky HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided June 21, 2002.

Discretionary Review Refused November 20, 2002.

Attorney(s) appearing for the Case

David Cunningham, Attorney at Law, Houston, for Appellant.

Eric E. Kugler, Assistant District Attorney, William J. Delmore III, Harris County Assistant District Attorney, Houston, for The State.

Before GRANT, ROSS, JJ., and CORNELIUS, C.J.

OPINION

Opinion by Justice ROSS.

Roger Rocky Hernandez appeals his judgment of conviction for the offense of retaliation. See Tex. Pen.Code Ann. § 36.06 (Vernon Supp.2002). He entered a plea of guilty before the court without an agreed recommendation as to punishment. The court assessed punishment at five years' imprisonment. The sole issue on appeal is whether the trial court abused its discretion in failing to conduct a hearing on a motion...

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