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DENNIS v. STATE

No. B14-81-779-CR.

629 S.W.2d 816 (1982)

Henry DENNIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Discretionary Review Granted May 5, 1982.

Attorney(s) appearing for the Case

R. A. Apffel, Galveston, for appellant.

James F. Hury, Jr., Dist. Atty., Galveston, for appellee.

Before PAUL PRESSLER, MURPHY and SAM ROBERTSON, JJ.

SAM ROBERTSON, Justice.

This appeal arises from a conviction for felony theft with one prior felony conviction. The sentence imposed was twelve years. For reasons stated below, we reverse and dismiss the indictment.

Appellant was indicted for theft under Tex.Penal Code Ann. art. § 31.03(a), (b)(1), (b)(2), (Vernon Supp. 1980-1981). In separate paragraphs, the indictment charges first that he did "intentionally...

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