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BOOKER v. STATE

No. C14-90-768-CR.

816 S.W.2d 121 (1991)

Johnny Ray BOOKER a/k/a Johnny Ray Brooks, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist).

Rehearing Overruled September 5, 1991.

Discretionary Review Granted December 11, 1991.

Attorney(s) appearing for the Case

Walter Conway, Houston, for appellant.

Carmen Falls Hunter, Houston, for appellee.

Before ROBERTSON, SEARS and DRAUGHN, JJ.

OPINION

SEARS, Justice.

Appellant entered a plea of nolo contendere before the court to the offense of theft. Tex.Penal Code Ann. § 31.03. He was convicted and the court assessed punishment, enhanced under Tex.Penal Code Ann. § 12.42(d), at imprisonment for thirtyfive years. We reverse and remand.

Appellant raises two points of error. In his first point of error, appellant contends that the trial court erred in not quashing the indictment...

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