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TIJERINA v. STATE

No. 04-06-00527-CR.

264 S.W.3d 320 (2008)

Timothy TIJERINA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused October 8, 2008.

Attorney(s) appearing for the Case

Roderick B. Glass, Assistant Public Defender, San Antonio, TX, for Appellant.

Rene M. Pena, Criminal District Attorney, Marc S. Ledet, Assistant District Attorney, Floresville, TX, for Appellee.

Sitting: KAREN ANGELINI, Justice, concurring without opinion, SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice.

MEMORANDUM OPINION

Opinion by STEVEN C. HILBIG, Justice.

Appellant Timothy Tijerina was indicted for the offenses of intoxication assault and felony murder. The State elected to proceed on the charges of intoxication assault and the lesser included offense of intoxication manslaughter, instead of felony murder. Tijerina waived his right to a jury trial and entered an open plea of guilty to both offenses and entered a plea of true on an enhancement allegation...

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