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LaPOINT v. STATE

No. 227-86.

750 S.W.2d 180 (1986)

Raymond Edmund LaPOINT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Rehearing May 4, 1988.

Attorney(s) appearing for the Case

John H. Hagler (on appeal only), Dallas, for appellant.

Henry Wade, Dist. Atty. and Anne B. Wetherholt, Royce West and Terence Hart, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was convicted of burglary of a building. Punishment was assessed by the jury at confinement in the Department of Corrections for 11 years and one day.

On appeal the Dallas Court of Appeals reversed the conviction due to a defective jury charge citing Cumbie v. State, 578 S.W.2d 732

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