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DIAMOND v. STATE

No. 51162.

530 S.W.2d 586 (1975)

Joe Lawrence DIAMOND, Appellant v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 19, 1975.

Attorney(s) appearing for the Case

Neal Wheeler, Dallas (Court-appointed), for appellant.

Henry Wade, Dist. Atty., Gary Love, Jim Burnham, Robert Hinton, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appellant was convicted under an indictment charging him with theft of property of the value of $20.00 or more but less than $200.00 and further alleging two prior convictions of theft of property of the value of $50.00 or more. Trial was before a jury upon a plea of guilty and punishment was assessed at ten years.

In his sole contention appellant urges that V.T.C.A. Penal Code, Section 31.03(d)(4)(C) is unconstitutional...

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