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Larry PLUNKETT, Appellant, v. The STATE of Texas, Appellee.

For original opinion, see 580 S.W.2d 815.

ON APPELLANT'S MOTION FOR REHEARING

ROBERTS, Judge, dissenting.

To the denial of the motion for rehearing, I dissent for the reasons stated in my dissenting opinion in Jackson v. State, 591 S.W.2d 820 (Tex.Cr.App.), decided this date.

ODOM and PHILLIPS, JJ., join in this opinion.

CLINTON, J., not participating.

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PLUNKETT v. STATE
(Jan 23, 1980)