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BITTERMAN v. STATE

No. 10-02-164-CR.

131 S.W.3d 519 (2004)

Earl Owen BITTERMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Dissenting Opinion on Denial of Rehearing March 24, 2004.

Attorney(s) appearing for the Case

Walter M. Reaves, Jr., West, for Appellant/Relator.

John W. Segrest, McLennan County District Attorney, Waco, for Appellee/Respondent.

Before Chief Justice GRAY, Justice VANCE, and Justice FELIPE REYNA.

MEMORANDUM OPINION

FELIPE REYNA, Justice.

Earl Owen Bitterman pleaded guilty to aggravated sexual assault. Pursuant to a plea bargain, the State recommended five years' confinement but agreed to stand mute on Bitterman's motion for deferred adjudication community supervision. At sentencing, Bitterman presented evidence in support of his motion. The State responded with evidence that he should be imprisoned and argued that he should be imprisoned. The court...

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