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FOSTER v. STATE

No. 01-83-000-CR.

661 S.W.2d 205 (1983)

Clifford Wayne FOSTER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Refused February 8, 1984.

Attorney(s) appearing for the Case

Robert McAnelly, Randy Schaffer, Houston, for appellant.

James C. Brough, Houston, for appellee.

Before JACK SMITH, BULLOCK and COHEN, JJ.

OPINION

COHEN, Justice.

Appellant was convicted of theft after a nonjury trial and was sentenced to probation for five years and a fine of $750.00.

In his first ground of error, the appellant complains that his conviction was obtained in violation of his constitutional right to be free of double jeopardy because he was convicted under paragraph two of the indictment, after the State had elected to proceed only on paragraph one. The indictment...

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