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POLK v. STATE

No. 1043-85.

749 S.W.2d 813 (1988)

Romey Lynn POLK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Rehearing February 24, 1988.

Attorney(s) appearing for the Case

John H. Hagler, Dallas, for appellant.

Henry Wade, Former Dist. Atty., John Vance, Dist. Atty., Constance M. Maher and Ruth E. Plagenhoef, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S MOTION FOR REHEARING AFTER PETITION FOR DISCRETIONARY REVIEW REFUSED

DUNCAN, Judge.

Appellant was convicted by a jury of theft of property of a value of $750.00 or more but less than $20,000.00. Tex.Penal Code Ann., § 31.03(b)(2) (Vernon Supp. 1988). Punishment was assessed by the trial judge at seven years confinement in the Texas Department of Corrections. On appeal, the Dallas Court of Appeals reversed the appellant's conviction...

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