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GILBERT v. STATE

No. 09-94-315 CR.

904 S.W.2d 210 (1995)

Johnny Leonard GILBERT, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

August 16, 1995.

Attorney(s) appearing for the Case

Douglas M. Barlow, Beaumont, for appellant.

Tom Maness, Crim. Dist. Atty., Beaumont, Rodney D. Conerly, Asst. Crim. Dist. Atty., Beaumont, for state.

Before WALKER, C.J., and BURGESS and STOVER, JJ.

OPINION

WALKER, Chief Justice.

This is an appeal from a conviction for the misdemeanor offense of Criminal Mischief. Trial was to the court. Appellant was found guilty and assessed a fine of $300.00. Appellant brings forward one point for our consideration: "The evidence was insufficient to support the conviction, in that there was a fatal variance between the allegata and the probata."

Appellant's contention, supported by the record...

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