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PEREZ GARZA v. STATE

No. 01-85-0721-CR.

708 S.W.2d 570 (1986)

Rodolfo PEREZ GARZA, Appellant, v. The STATE of Texas, Appellee.

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

April 10, 1986.

Attorney(s) appearing for the Case

Randy R. Holzapple, Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., J. Harvey Hudson and Claire Connors, Harris County Asst. Dist. Attys., Houston, for appellee.

Before DUGGAN, DUNN and LEVY, JJ.

OPINION

DUNN, Justice.

Appellant was charged by indictment with the offense of felony theft, under the provisions of Tex.Penal Code Ann. sec. 31.03(e)(4)(C) (Vernon Supp.1986). That section authorizes a felony conviction if the value of the property stolen is less than $750, and the defendant has been previously convicted two or more times of any grade of theft. Appellant entered a plea of guilty, and the court assessed punishment at 5 years confinement...

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