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ALLEN v. STATE

No. 560-87.

769 S.W.2d 563 (1989)

F.J. ALLEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 10, 1989.

Attorney(s) appearing for the Case

Paul Tatum, Nacogdoches, for appellant.

Herbert B. Hancock, Dist. Atty., and Timothy James, Asst. Dist. Atty., Nacogdoches, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was convicted by a jury of theft, a third degree felony. V.T.C.A., Penal Code Sec. 31.03(e)(4)(B). The State having alleged and proven that appellant had previously been finally convicted of the felony of burglary of a habitation, the jury found the enhancement allegations to be true and assessed appellant's punishment at ten years in the Texas Department of Corrections and...

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