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RICO v. STATE

No. 68637.

707 S.W.2d 549 (1983)

Narcisco Sanchez RICO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Rehearing April 16, 1986.

Attorney(s) appearing for the Case

John Mann, Amarillo, for appellant.

John H. Tull, Jr., Former County Atty., and John L. Owen, Former Asst. County Atty., Bill Baumann, County Atty., and Pamela C. Oglesby, Asst. County Atty., Amarillo, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the misdemeanor offense of theft of property over the value of five dollars; the punishment is confinement in the county jail for six months and a fine of $1,000.

In his first ground of error the appellant asserts that the trial court committed reversible error by submitting to the jury a charge authorizing conviction on a theory not alleged...

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