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PETERSON v. STATE

No. 60679.

645 S.W.2d 807 (1983)

H.L. PETERSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 16, 1983.

Attorney(s) appearing for the Case

Michael W. George, Denton, for appellant.

Jerry Cobb, Dist. Atty. and David Bays, Asst. Dist. Atty., Denton, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON REHEARING ON COURT'S OWN MOTION

ONION, Presiding Judge.

This is an appeal from a conviction for theft over $10,000.00, a felony of the second degree. V.T.C.A., Penal Code, § 31.03. Following the jury's guilty verdict, the court assessed punishment at five (5) years' imprisonment, probated, with a requirement of $8,480.21 in restitution as a condition of probation.

On original submission the conviction was affirmed in a panel opinion...

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