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SMITH v. STATE

No. 053-82.

638 S.W.2d 476 (1982)

Searcy Ray SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 15, 1982.

Attorney(s) appearing for the Case

Jimmy Phillips, Jr., Angleton, for appellant.

John B. Holmes, Jr., Dist. Atty., and James C. Brough, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

DALLY, Judge.

The appellant was convicted of the offense of burglary of a coin-operated machine. V.T.C.A. Penal Code, Section 30.03. The punishment is incarceration in the Harris County Jail for 365 days and a fine of $2,000.

On appeal, a panel of the 14th Court of Appeals reversed the judgment, finding that the appellant had been twice in jeopardy and ordered the trial court to enter a judgment...

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