WHETSTONE v. STATE

Nos. 14-88, 15-88.

786 S.W.2d 361 (1990)

William WHETSTONE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 28, 1990.


Attorney(s) appearing for the Case

Ted Redington, Dallas, for appellant.

John Vance, Dist. Atty., & Pamela Sullivan Berdanier, 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

MILLER, Judge.

Appellant appeals from orders revoking his probation on two felony theft convictions, V.T.C.A. Penal Code Sec. 31.03(a), and sentencing him to two five year prison terms, which run concurrently. On direct appeal, appellant contended the 1981 indictments to which he originally pled guilty were fundamentally defective for failing to allege the elements of theft. The court of appeals agreed...

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