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JEFFERSON v. STATE

No. 05-85-00369-CR.

705 S.W.2d 717 (1986)

Jimmy Rene JEFFERSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

January 8, 1986.

Attorney(s) appearing for the Case

R.K. Weaver, Dallas, for appellant.

Gary A. Moore, Asst. Dist. Atty., Dallas, for appellee.

Before AKIN, WHITHAM and DEVANY, JJ.

ON STATE'S MOTION FOR REHEARING

AKIN, Justice.

On motion for rehearing, the State contends that we have misconstrued sections 32.31(a)(1) and (2), TEX.PENAL CODE ANN. (Vernon 1974). In particular, the State argues that we erred in holding, 701 S.W.2d 323, that the temporary credit card used by appellant in his attempt to obtain property was "the device itself," as that term is used in section 32.31(a)(2). We disagree....

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