COOPER v. STATE

No. 52187.

537 S.W.2d 940 (1976)

Jay COOPER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 23, 1976.


Attorney(s) appearing for the Case

Frank D. Kerbow, Austin, for appellant.

Robert O. Smith, Dist. Atty., and Stephen Capelle, Asst. Dist. Atty., Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

BROWN, Commissioner.

This is an appeal from a conviction for felony theft of an automobile under V.T. C.A. Penal Code Section 31.03. Appellant pleaded nolo contendere, waived his right to a jury, and was found guilty by the trial court. Punishment was assessed at ten (10) years in the Texas Department of Corrections and the sentence was suspended and appellant placed on probation.

The undisputed facts show that during the night of May 11...

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