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BYNUM v. STATE

No. 760-86.

767 S.W.2d 769 (1989)

Ben BYNUM, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied March 15, 1989.

Attorney(s) appearing for the Case

George Whittenburg, David Mullin, Amarillo, Michael J. Hinton, Houston, and John Wheier, Amarillo, for appellant.

Randall L. Sherrod, Dist. Atty., John L. Davis, Asst. Dist. Atty., Canyon, and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

DUNCAN, Judge.

The appellant was charged in a five count indictment with misapplication of fiduciary property. V.T.C.A.Penal Code § 32.45 (hereinafter § 32.45). He was found guilty by a jury of all five counts. The trial court thereafter assessed punishment at ten years confinement in the Texas Department of Corrections, probated for a period of ten years, plus a $5,000.00 fine.

The...

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