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WISENBAKER v. STATE

No. 3-91-443-CR.

860 S.W.2d 681 (1993)

Houston Madison WISENBAKER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

August 11, 1993.

Attorney(s) appearing for the Case

Roy E. Greenwood, Austin, for appellant.

Ronald Earle, Dist. Atty., Patricia Robertson, Asst. Dist. Atty., Austin, for appellee.

Before CARROLL, C.J., and ABOUSSIE and JONES, JJ.

CARROLL, Chief Justice.

A jury found Houston Madison Wisenbaker guilty of the failure to remit motor fuel taxes and assessed punishment, enhanced by prior felony convictions, at seventeen years' imprisonment and a $10,000 fine. Finding error during the punishment phase, we will reverse the judgment and remand the cause for a new hearing on punishment.

BACKGROUND

Appellant operated two truck-stop businesses located along Interstate-10 between San...

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