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McCLAIN v. STATE

Nos. 01-83-0477-CR, 01-83-0478-CR.

697 S.W.2d 807 (1985)

Craig Houston McCLAIN and Charles Vincent Navarro, Appellants, v. The STATE of Texas, Appellee.

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

Rehearing Denied October 10, 1985.

Attorney(s) appearing for the Case

Robert A. Shults, Shults, Hetherington, Linder & Tarics, Houston, for appellants.

John B. Holmes, Jr., Harris County Dist. Atty., J. Harvey Hudson, Veryl Brown, Harris County Asst. Dist. Attys., Houston, for appellee.

Before EVANS, C.J., and JACK SMITH and DUGGAN, JJ.

OPINION

JACK SMITH, Justice.

Appellants were convicted in a non-jury trial of felony theft, and each was assessed punishment of three years in prison, probated, and a $500 fine. In reliance on Casey v. State, 633 S.W.2d 885 (Tex.Crim. App.1982), this court reversed and ordered acquittal because the appellants had no participation in the initial unlawful appropriation. The Texas Court of Criminal Appeals,

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