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PENNYWELL v. STATE

No. 01-00-01226-CR.

127 S.W.3d 149 (2003)

Brian Keith PENNYWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

October 16, 2003.

Attorney(s) appearing for the Case

Frances Northcutt, Houston, TX, for Appellant.

John B. Holmes, District Attorney, Donald W. Rogers, Jr., Assistant District Attorney, Houston, TX, for State.

Panel consists of Justices TAFT, JENNINGS, and HANKS.

OPINION ON REMAND FROM THE COURT OF CRIMINAL APPEALS

TIM TAFT, Justice.

A jury found appellant, Brian Keith Pennywell, guilty of burglary of a habitation. The trial court assessed punishment at 35 years' confinement, having found true enhancement allegations that appellant had previously been convicted of burglary of a building and burglary of a motor vehicle. On May 23, 2002, this Court affirmed the trial court's judgment. On September 4, 2002, we withdrew...

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