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ABBOTT v. STATE

No. 10-07-00295-CR.

245 S.W.3d 19 (2007)

Johnny Ray ABBOTT, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Discretionary Review Granted March 12, 2008.

Attorney(s) appearing for the Case

Gary A. Udashen, Sorrels Udashen & Anton, Dallas, TX, Appellant/Relator.

Joe F. Grubbs, Ellis County District Atty., Waxahachie, TX, for Appellee/Respondent.

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

OPINION

BILL VANCE, Justice.

Johnny Abbott was convicted of indecency with a child and sentenced to twenty years' imprisonment. Upon imposition of sentence on May 25, 2005, Abbott was taken into custody and imprisoned during the pendency of his appeal. On June 7, 2006, we affirmed his conviction but reversed the punishment and remanded the case for a new punishment hearing, holding that the trial court abused its discretion in refusing to grant a mistrial...

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