OPINION
GREEN, Commissioner.
Appellant, pleading not guilty, was convicted in a jury trial of the offense of felony theft. Jury was waived in the penalty stage, and punishment was assessed by the court at five (5) years. Appellant's motion for new trial, based solely on allegations of jury misconduct, was overruled. Appellant was duly sentenced, and gave notice of appeal. The record discloses that appellant was released on bail pending appeal.
Appellant...
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