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McNIEL v. STATE

No. 01-87-00641-CR.

757 S.W.2d 129 (1988)

Kimmala Jo McNIEL, Appellant, v. The STATE of Texas, Appellee.

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

August 31, 1988.

Attorney(s) appearing for the Case

David R. Bires, Houston, for appellant.

John B. Holmes, Dist. Atty., Harris County, Debbie Mantooth, Asst. Dist. Atty., for appellee.

Before WARREN, LEVY and DUGGAN, JJ.

OPINION

DUGGAN, Justice.

Kimmala Jo McNiel appeals from a misdemeanor conviction for theft by receiving. Appellant was originally indicted for felony theft by receiving under the provisions of Tex.Penal Code Ann. § 31.03 (Vernon Supp.1988). However, following a jury trial upon her plea of not guilty, the jury found her guilty of the lesser offense of misdemeanor theft by receiving. The court assessed punishment...

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