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PHILLIPS v. STATE

No. 63600.

640 S.W.2d 293 (1982)

Ron PHILLIPS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

October 20, 1982.

Attorney(s) appearing for the Case

Kenneth W. Fields, Pampa, for appellant.

Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ONION, P.J., and ODOM and W.C. DAVIS, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction of theft. Punishment was assessed at 10 years.

In his fifth ground of error appellant challenges the sufficiency of the evidence to sustain the conviction based on the State's failure to prove the property was obtained without the effective consent of the owner.

V.T.C.A., Penal Code Sec. 31.03 states in part:

"(a) A person commits an offense if he unlawfully appropriates property...

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