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RICHARDS v. STATE

No. 05-81-00592-CR.

635 S.W.2d 859 (1982)

Alford Ray RICHARDS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied June 30, 1982.

Attorney(s) appearing for the Case

Kerry P. FitzGerald, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Jeff Keck, Asst. Dist. Atty., Dallas, for appellee.

Before AKIN, CARVER and SPARLING, JJ.

CARVER, Justice.

Alford Ray Richards was convicted of theft over $10,000.00 and sentenced to eight years confinement and a fine of $2,000.00. We affirm since we hold that: (1) the aggregation of the amounts of two or more thefts under Section 31.09 Tex. Penal Code Ann. (Vernon 1974) creates one offense and the thefts involved in the aggregation are not subject to severance and separate trial under Section 3.04 (a) Tex. Penal Code Ann. (Vernon 1974); (2) an indictment...

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