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CARTER v. STATE

No. 10-89-061-CR.

804 S.W.2d 326 (1991)

Danny Scott CARTER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

February 14, 1991.

Attorney(s) appearing for the Case

Dwight Goains, Waco, Walter M. Reaves, West, for appellant.

Dan V. Dent, Dist. Atty., Hillsboro, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

VANCE, Justice.

A jury convicted appellant of theft and assessed his punishment at eighteen years in prison and a $5,000 fine. We must decide if he was convicted of felony theft, misdemeanor theft or if he is entitled to an acquittal. See Tex.Penal Code Ann. § 31.03(e) (Vernon Supp.1991). We will acquit appellant.

The indictment charged appellant with third-degree felony theft by alleging...

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