ANDERSON v. STATE

No. 01-92-01273-CR.

871 S.W.2d 900 (1994)

James Mathis ANDERSON, Appellant, v. The STATE of Texas, Appellee.

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

February 17, 1994.


Attorney(s) appearing for the Case

John F. Carrigan, Houston, for appellant.

John B. Holmes, Jr., Scott A. Durfee, Tony Dodson, Houston, for appellee.

Before OLIVER-PARROTT, C.J., and WILSON and O'CONNOR, JJ.


OPINION

O'CONNOR, Justice.

A jury found the appellant guilty of theft by receiving. The court assessed punishment, enhanced by two earlier felony convictions, at 25-years imprisonment. We affirm the conviction, but remand to the trial court for a new punishment hearing.

Fact Summary

The Houston Police Department received a call that a man was "down" in a car in a parking lot, which meant that someone was sleeping, passed out, or dead. A...

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