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BARTLEY v. STATE

No. 08-85-00057-CR.

692 S.W.2d 540 (1985)

Lonnie Mack BARTLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

May 8, 1985.

Attorney(s) appearing for the Case

John G. Hyde, Freeman, Hyde & Martin, Midland, for appellant.

Al W. Schorre, Dist. Atty., Midland, for appellee.

Before STEPHEN F. PRESLAR, C.J., and WARD and SCHULTE, JJ.

OPINION

SCHULTE, Justice.

This is an appeal from the denial of habeas corpus relief founded on a claim of double jeopardy. We affirm.

Appellant pled not guilty to a jury to the charge of theft of property, $20,000.00 or more. Tex.Penal Code Ann. art. 31.03(d)(5)(B) (Vernon Supp.1985). Appellant's motion for an instructed verdict on the basis of a fatal variance was denied. The indictment alleged a 1981 Lancer Mobile Home was stolen. Appellant asserts...

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