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MARTINEZ v. STATE

No. 13-90-347-CR.

846 S.W.2d 348 (1992)

Efrain MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled January 14, 1993.

Attorney(s) appearing for the Case

Dorina Ramos, McAUen, for appellant.

Rena Guerra, Dist. and County Atty., Theodore C. Hake, Asst. Criminal Dist. Atty., Edinburg, for appellee.

Before NYE, C.J., and GILBERTO HINJOSA and FEDERICO G. HINJOSA, Jr., JJ.

OPINION

NYE, Chief Justice.

A jury found appellant guilty of theft. The trial court assessed punishment at ten years' probation. On original submission, appellant complained of insufficient evidence and jury misconduct. While sufficient evidence exists to uphold the conviction, this Court abated the appeal and ordered the trial court to conduct a hearing on appellant's motion for new trial concerning jury misconduct. We limited the scope of the hearing to...

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