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OLIVER v. STATE

No. 58401.

613 S.W.2d 270 (1979)

Charles Douglas OLIVER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

On Rehearing March 25, 1981.

Attorney(s) appearing for the Case

Tom J. Brian, Wichita Falls, for appellant.

Timothy D. Eyssen, Dist. Atty. and Dan Tompkins, Asst. Dist. Atty., Wichita Falls, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and DOUGLAS and W. C. Davis, JJ.

OPINION

DOUGLAS, Judge.

Appellant was convicted of theft over $200 and less than $10,000. The court assessed punishment, enhanced under V.T. C.A., Penal Code, Section 12.42(d), at life.

The indictment alleged:

"... that Charles Douglas Oliver on or about the 27th day of September A.D., 1975 and anterior to the presentment of this indictment, in the County of Wichita and State of Texas, did then and there unlawfully appropriate property,...

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