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EMPY v. STATE

No. 55957.

571 S.W.2d 526 (1978)

Louis EMPY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 20, 1978.

Attorney(s) appearing for the Case

William L. Garrett, Dallas, for appellant.

Henry Wade, Dist. Atty., Fred C. McDaniel and Mary Ludwick, Asst. Dist. Attys., Dallas, for the State.

En Banc.

OPINION

DALLY, Judge.

This is an appeal from a conviction for theft of more than $20.00 but less than $200.00; the punishment is a $300.00 fine. Appellant contends that the judgment is void since, when he entered his plea of guilty without representation by counsel, there existed a possibility his punishment would include imprisonment.

Appellant's contention finds apparent support in Ex parte Herrin, 537 S.W.2d 33

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