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KELLEY v. STATE

No. 05-82-00514-CR.

669 S.W.2d 329 (1983)

Carolyn Kate KELLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

November 7, 1983.

Attorney(s) appearing for the Case

Richard Corbitt, Lawrence B. Mitchell, Dallas, for appellant.

Henry Wade, Dist. Atty., R.K. Weaver, Asst. Dist. Atty., for appellee.

Before STOREY, WHITHAM and ROWE, JJ.

ROWE, Justice.

The State's motion for rehearing is granted. Our former opinion is withdrawn, and the following is now our opinion.

Appellant appeals a conviction for theft for which the court assessed punishment at 180 days in jail pursuant to a negotiated plea bargain agreement. All proceedings were held before a magistrate appointed pursuant to TEX.REV.CIV.STAT.ANN. art. 1918c (Vernon Supp.1982-1983). Under TEX.CODE CRIM.PROC.ANN. art. 44.02 (Vernon 1979...

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