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YORK v. STATE

No. 2-85-199-CR.

721 S.W.2d 605 (1986)

Lonnie Cleo YORK, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied December 17, 1986.

Attorney(s) appearing for the Case

Richard S. Podgorski, Denton, for appellant.

Jerry Cobb, Dist. Atty., and Jim Crouch, Asst. Dist. Atty., Denton, for State.

Before the court en banc.

OPINION ON MOTION FOR REHEARING

FARRIS, Justice.

Appellant appeals his conviction by a jury for the felony offense of theft over the value of $750.00, but less than $20,000.00. See TEX.PENAL CODE ANN. sec. 31.03(e)(4)(A) (Vernon Supp.1986). The jury assessed punishment at four years confinement in the Texas Department of Corrections and a fine of $1,000.00, with a recommendation that both penitentiary confinement and fine be probated.

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