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SAMPLE v. STATE

No. 05-81-00142-CR.

629 S.W.2d 86 (1981)

Thomas Alvin SAMPLE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

December 8, 1981.

Attorney(s) appearing for the Case

Melvyn Bruder, Dallas, for appellant.

Maridell Templeton, R. Kristin Weaver, Asst. Dist. Attys., Dallas, for appellee.

Before CARVER, STOREY and VANCE, JJ.

VANCE, Justice.

This is an appeal from a conviction of reckless damage or destruction, a class "C" misdemeanor. Trial was before the court; punishment was assessed at a fine of $200.00. Appellant was originally charged with burglary of a coin-operated machine, a class "A" misdemeanor. Appellant contends that reckless damage or destruction is not a lesser included offense of burglary of a coin-operated machine and that the trial court lacked jurisdiction to enter the...

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