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HITE v. STATE

No. 620-82.

650 S.W.2d 778 (1983)

Donald Leroy HITE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 16, 1983.

Attorney(s) appearing for the Case

Henry L. Burkholder, III, Garland D. McInnis, Jr., Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and Roberto Gutierrez, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

MILLER, Judge.

A two-count indictment was returned against appellant. The first count charged him with burglary of a habitation with intent to commit theft, pursuant to Section 30.02(a)(1) of the Penal Code. The second count charged him with theft of a rifle and a camera under Section 31.03(a) and (b)(1). The jury returned a not guilty verdict on the burglary charge, but found appellant guilty of theft. Punishment was assessed at ten years imprisonment and a $6000...

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