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JACKSON v. STATE

No. 2038cr. 13-81-051-CR.

653 S.W.2d 842 (1982)

Henry JACKSON, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Discretionary Review Granted January 12, 1983.

Attorney(s) appearing for the Case

William Morrow, Brownsville, for appellant.

Reynaldo Cantu, Jr., Criminal Dist. Atty., Brownsville, for appellee.

Before UTTER, KENNEDY and GONZALEZ, JJ.

OPINION

UTTER, Justice.

This is an appeal from a conviction for theft of a motorcycle valued at more than $200 but less than $10,000. Punishment was assessed by the jury at five years confinement in the Texas Department of Corrections. We reverse and remand.

On March 16, 1979 a black male presented himself at the residence of eighty-year-old Mrs. Dolores T. Besteiro in Brownsville, Texas to inquire about a motorcycle offered for sale by her grandson...

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