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CAREY v. STATE

No. 2-83-401-CR.

677 S.W.2d 821 (1984)

Thomas Franklin CAREY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

October 11, 1984.

Attorney(s) appearing for the Case

Gilfeather, Parker & Griffin, and Peter Gilfeather, Fort Worth, for appellant.

Tim Curry, Criminal Dist. Atty., C. Chris Marshall, and David L. Richards, Asst. Dist. Attys., Fort Worth, for State.

Before ASHWORTH, BURDOCK and HILL, JJ.

OPINION

ASHWORTH, Justice.

Appellant, Thomas Franklin Carey, was found guilty of burglary. The jury found he had two prior felony convictions and sentenced him to 50 years confinement and a $10,000.00 fine.

Existing law does not permit the imposition of the fine under the circumstances of this case. Also, the evidence was insufficient to show appellant was the person found guilty of a prior conviction. For these reasons the judgment is reversed and...

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