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GUTIERREZ v. STATE

No. 004-82.

659 S.W.2d 423 (1983)

Luis R. GUTIERREZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 2, 1983.

Attorney(s) appearing for the Case

F.J. Stenberg, San Antonio, for appellant.

Bill M. White, Dist. Atty. and Hipolito Canales, Jr., Elizabeth H. Taylor and Gregory S. Long, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

This is a petition for discretionary review brought by the State from the San Antonio Court of Appeals. Appellant was convicted of theft over $200 and assessed a punishment of five years', probated. The Court of Appeals, 625 S.W.2d 58, reversed the conviction because of unassigned fundamental error in the jury charge. Specifically, they found that fundamental...

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