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McNEW v. STATE

No. 56669.

608 S.W.2d 166 (1980)

W. J. McNEW, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied December 23, 1980.

Attorney(s) appearing for the Case

G. Ernest Gilkerson, San Angelo, for appellant.

Rick Hamby, Dist. Atty., and Don Richard, Asst. Dist. Atty., Big Spring, for the State.

Before ROBERTS, PHILLIPS and VOLLERS, JJ.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for theft of one head of cattle.1 The trial judge assessed the appellant's punishment at ten years' confinement in the Texas Department of Corrections.

The appellant contends that: (1) the trial court erred by sentencing the appellant to ten years; (2) Article 42.12, Section 3d, Vernon's Ann.C.C.P., is void and unconstitutional...

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