OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW
BAIRD, Judge.
Appellant was convicted by the trial judge of theft, Tex.Penal Code Ann. § 31.03(e)(4)(B), and sentenced to confinement for forty-five years. Tex.Penal Code Ann. § 12.42. The Court of Appeals found the evidence insufficient and entered a judgment of acquittal. Farrell v. State,
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