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SMALLWOOD v. STATE

No. 01-90-00511-CR.

827 S.W.2d 34 (1992)

Simon SMALLWOOD a/k/a Odell Clark, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist).

Discretionary Review Refused May 20, 1992.

Attorney(s) appearing for the Case

Bobbi Blackwell, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Houston, Linda A. West, Anthony Brown, Asst. Dist. Attys., for appellee.

Before TREVATHAN, C.J., and COHEN and O'CONNOR, JJ.

OPINION

TREVATHAN, Chief Justice.

This is an appeal from a conviction for felony theft. Appellant was charged by indictment with third degree felony theft pursuant to the third offender provision of the Texas Penal Code. Tex.Penal Code Ann. § 31.03(e)(4)(E) (Vernon Supp.1992).1 Appellant's punishment was also enhanced pursuant to the habitual offender statute of the Texas Penal Code. Tex.Penal Code Ann. § 12.42(d) ...

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