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BENOIT v. STATE

No. 09-85-103 CR.

704 S.W.2d 957 (1986)

Anthony Lewis BENOIT, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

February 26, 1986.

Attorney(s) appearing for the Case

Gaylyn Leon Cooper, Beaumont, for appellant.

John R. DeWitt, Asst. Criminal Dist. Atty., Beaumont, for appellee.

OPINION

BROOKSHIRE, Justice.

The indictment against the Appellant set forth that, on September 8, 1984, he intentionally and knowingly appropriated property by exercising control over corporeal personal property, being a wallet and its contents, owned by Leon Okervall (stealing the wallet from the person of Leon), without his effective consent.

The first enhancement paragraph alleged that, on August 18, 1972, Benoit had been finally convicted of...

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