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FLOWERS v. STATE

No. 08-88-00352-CR.

785 S.W.2d 890 (1990)

Dearl FLOWERS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Discretionary Review Granted May 30, 1990.

Attorney(s) appearing for the Case

G. David Smith, Dallas, Charles Louis Roberts, El Paso, for appellant.

Gary Garrison, Dist. Atty., Odessa, for appellee.

Before OSBORN, C.J., and WOODARD and KOEHLER, JJ.

OPINION

KOEHLER, Justice.

This is an appeal from a jury conviction for second degree felony theft. The jury assessed punishment at imprisonment for four years. We reverse.

Appellant was charged by indictment with theft of oil field equipment under Tex. Penal Code Ann. sec. 31.03(a), (b)(3) and (e)(5)(A)(ii) (Vernon 1989). The prosecution arose out of an oil field "sting" operation conducted by the Texas Department of Public Safety, utilizing pipe...

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