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HERNANDEZ v. STATE

No. 01-91-00148-CR.

827 S.W.2d 54 (1992)

Marcus HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, First District.

March 5, 1992.

Attorney(s) appearing for the Case

Jose C. Castillo, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Andrea F. Lopes, Margaret Stewart, Asst. Dist. Attys., Houston, for appellee.

Before TREVATHAN, C.J., and MIRABAL and PRICE, JJ.

OPINION

TREVATHAN, Justice.

This is an appeal from a conviction for injury to a child. After waiving trial by jury, upon a plea of nolo contendere, the trial court found appellant, Marcus Hernandez, guilty and made an affirmative finding that a deadly weapon had been used. The trial court assessed punishment at 25-years confinement. In two points of error, Hernandez argues the trial court should have sua sponte withdrawn his plea, that there is insufficient...

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