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SCOTT v. STATE

No. 660-86.

741 S.W.2d 435 (1987)

Joseph Earl SCOTT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 18, 1987.

Attorney(s) appearing for the Case

Jerry D. Conner, Doug O'Brien, of counsel, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and Timothy G. Taft and Jon Munier, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was convicted by a jury of felony theft of an automobile valued between $750.00 and $20,000.00. V.T.C.A., Penal Code, § 31.03(e)(4)(A). The jury assessed punishment, enhanced by two prior felony convictions, alleged and proved, at 75 years' imprisonment. The Court of Appeals reversed the judgment of conviction and ordered an acquittal of the felony theft after finding...

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