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GARDNER v. STATE

No. 1050-87.

780 S.W.2d 259 (1989)

Jackie Vestal GARDNER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 8, 1989.

Attorney(s) appearing for the Case

John H. Hagler, on appeal only, Dallas, for appellant.

John Vance, Dist. Atty. & Leslie McFarlane, Asst. Dist. Atty., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

Opinion on State's Petition for Discretionary Review

CAMPBELL, Judge.

Appellant was convicted of the offense of unauthorized use of a motor vehicle. V.T. C.A. Penal Code, § 31.07. Punishment was assessed at three years confinement in the Texas Department of Corrections. In a published opinion, the Fifth Court of Appeals reversed the judgment of the trial court and entered a judgment of acquittal, finding that there was insufficient evidence to support...

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