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BYNUM v. STATE

No. 07-84-0220-CR.

711 S.W.2d 321 (1986)

Ben BYNUM, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied May 30, 1986.

Attorney(s) appearing for the Case

Michael J. Hinton and Stanley G. Schneider, Law Offices of Stanley G. Schneider, P.C., Houston, George Whittenburg and David Mullin, Whittenburg, Whittenburg & Schachter, John Wheir, Amarillo, for appellant.

Randall L. Sherrod, Criminal Dist. Atty., Canyon, for appellee.

Before DODSON, COUNTISS and BOYD, JJ.

COUNTISS, Justice.

Appellant was convicted by a jury of five counts of misapplication of fiduciary property. Tex. Penal Code Ann. § 32.451 (Vernon 1974). The trial court assessed punishment of ten years in the Texas Department of Corrections, on each count, but granted appellant's request for probation of the penitentiary time. On the first count the court also assessed a $5000 fine that was not probated. In this Court, appellant...

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