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EX PARTE BROWN

No. AP-73932.

158 S.W.3d 449 (2005)

Ex Parte James Otis BROWN, Applicant.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied March 23, 2005.

Attorney(s) appearing for the Case

John Tatum, Richardson, for appellant.

Kathi Drew, Assist. DA, Dallas, Matthew Paul, State's Attorney, Austin, for State of Texas.

Before the court en banc.

OPINION

PER CURIAM.

In this post-conviction application for a writ of habeas corpus, applicant asserts that Judge Baraka, the original trial court judge, violated his right to due process because he refused to consider the full range of punishment at the hearing on the State's motion to adjudicate. We agree with applicant and therefore grant relief.

I.

Applicant was charged with...

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