OPINION
KOEHLER, Justice.
A jury convicted Dearl Flowers, Appellant, of second degree felony theft and assessed punishment at 4 years' imprisonment. After we reversed the conviction, the Court of Criminal Appeals held that the State's amendments to the charging instrument, over objection by Appellant, did not violate Tex.Code Crim.Pro.Ann. art. 28.10 (Vernon 1989). Flowers v. State,
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