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MARTINEZ v. STATE

No. 09-84-067 CR.

753 S.W.2d 165 (1988)

Billy Ray MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Opinion on Motion for Rehearing May 31, 1988.

Attorney(s) appearing for the Case

George H. Tyson, Jr., Colin B. Amann, Ramsey & Tyson, Houston, for appellant.

Peter Speers, III, Dist. Atty., Montgomery County, Conroe, for appellee.

OPINION ON MOTION FOR REHEARING

DIES, Chief Justice.

Appellant was indicted on two forgery counts, two counts of misapplication of fiduciary property, and one felony theft count. The State agreed to dismiss the two forgery counts after one of the State's attorneys tampered with and altered the original grand jury indictment. Appellant was convicted of both counts of misapplication and the felony theft count. On appeal, this court held the prosecutor's misconduct...

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