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CORTEZ v. STATE

No. 56751.

582 S.W.2d 119 (1979)

John Kenneth CORTEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

Rehearing Denied June 27, 1979.

Attorney(s) appearing for the Case

Mike Barclay, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Stephen J. Wilensky and Richard G. Worthy, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, ROBERTS and ODOM, JJ.

Rehearing En Banc Denied June 27, 1979.

OPINION

ODOM, Judge.

This is an appeal from a conviction for theft by check of services of a value of over $200 (V.T.C.A., Penal Code Secs. 31.04, 31.06). Punishment was assessed at two years.

The conviction in this case must be set aside because the evidence is insufficient to support the allegations in the indictment. The state alleged that appellant:

"... with intent to avoid payment for...

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