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ESCAMILLA v. STATE

No. 60393.

612 S.W.2d 608 (1981)

Eddie ESCAMILLA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

March 11, 1981.

Attorney(s) appearing for the Case

O. E. Elmore, Bryan, Blake Withrow, Dallas, for appellant.

Roland M. Searcy, Dist. Atty., Larry A. Catlin, Asst. Dist. Atty., Bryan, Travis Bryan, III, Dist. Atty., W. W. Torrey, Asst. Dist. Atty., Bryan, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and ODOM, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for burglary of a building, 30.02. Punishment was assessed at 20 years.

At the outset we are confronted with fundamental error in the jury charge that requires discussion in the interest of justice. Art. 40.09(13), V.A.C.C.P.

The indictment in this case alleged burglary under V.T.C.A., Penal Code Sec. 30.02(a)(1):

"[Appellant] did then and there unlawfully without the effective...

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