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DANIELS v. STATE

No. 51264.

535 S.W.2d 876 (1976)

Gary Clyde DANIELS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 28, 1976.

Attorney(s) appearing for the Case

Mary Ellen Hicks, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and Marvin Collins, Asst. Dist. Atty., Fort Worth, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

DOUGLAS, Judge.

This is an appeal from a conviction before the Court for the unauthorized use of a motor vehicle without the owner's consent, V.T.C.A., Penal Code, Section 31.07. Punishment, enhanced under V.T.C.A., Penal Code, Section 12.42(a), was assessed at eight years. On original submission the judgment was affirmed in a per curiam opinion. The sufficiency of the stipulated evidence and the question of the sufficiency of waiver of the right to cross-examine...

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