CATHEY v. STATE

No. 43668.

467 S.W.2d 472 (1971)

Donald Wayne CATHEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 26, 1971.


Attorney(s) appearing for the Case

Victor R. Blaine, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Bill Huggins, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction for misdemeanor shoplifting, subsequent offense; the jury assessed the punishment at two years in jail and a $1,000 fine.

The appellant's first and second grounds of error challenge the sufficiency of the evidence for the jury to find that the appellant was a second offender.

The evidence viewed most favorably to the jury's verdict shows that on June 17, 1969, the appellant was apprehended...

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