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MILBURN v. STATE

No. PD-1219-05.

201 S.W.3d 749 (2006)

Leland Ray MILBURN, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

September 20, 2006.

Attorney(s) appearing for the Case

Harold L. Comer, Pampa, for Appellant.

Lynn Switzer, District Atty., Pampa, Matthew Paul, State's Atty, Austin, for State.

KELLER, P.J. delivered the opinion of the unanimous court.

Appellant was convicted of a felony and placed on community supervision. Before the time had expired for filing a notice of appeal from that conviction, he was convicted of the present offense. The question here is whether he was entitled to a jury instruction on community supervision in this case, in spite of his previous conviction. The answer to this question is "yes."

I. BACKGROUND

A...

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