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GUTIERREZ v. STATE

No. 358-02.

108 S.W.3d 304 (2003)

Eloy James GUTIERREZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

June 18, 2003.

Attorney(s) appearing for the Case

Leslie Werner De Soliz, Victoria, for Appellant.

Douglas K. Norman, Asst. DA, Corpus Christi, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

WOMACK, J., delivered the opinion of the Court, in which KELLER, P.J., and PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

In 1991, the appellant pled guilty to attempted sexual assault and was sentenced to ten years' imprisonment and a $750 fine, probated for ten years. In January 2000, the State moved to revoke his probation. The appellant agreed to enter a plea of true in return for the State's punishment recommendation of three years' imprisonment...

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