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GREEN v. STATE

No. 60785.

617 S.W.2d 253 (1981)

Oscar Leonard GREEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

June 10, 1981.

Attorney(s) appearing for the Case

Donald W. Rogers, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Calvin A. Hartmann and Larry Knapp, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and TOM G. DAVIS and CLINTON, JJ.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for burglary of a habitation with intent to commit rape, wherein the punishment was assessed at ten (10) years' imprisonment following a guilty verdict.

The sufficiency of the evidence is not challenged. Suffice it to say that the evidence shows that on September 15, 1977 the appellant broke into the home of M____ L____, the prosecutrix, and her husband,

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