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KELLY v. STATE

No. 62289.

640 S.W.2d 605 (1982)

Fred KELLY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 10, 1982.

Attorney(s) appearing for the Case

Nick Warden, McKinney, on appeal only, for appellant.

Tom O'Connell, Dist. Atty., and Bill Schultz, Asst. Dist. Atty., McKinney, Robert Huttash, State's Atty., Austin, for the State.

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

OPINION

ROBERTS, Judge.

The appellant was convicted of aggravated robbery. The trial court assessed punishment at confinement for ten years.

In his first ground of error, the appellant contends that the trial court erred in denying his court-appointed counsel's motion to withdraw and erred in refusing to hold a hearing on the motion.

The motion to withdraw as counsel stated:

"NOW COMES, Richard Abernathy, court appointed attorney...

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