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JOHNSON v. STATE

No. 2-93-542-CR.

903 S.W.2d 496 (1995)

Ollie Curtis JOHNSON, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

July 27, 1995.

Attorney(s) appearing for the Case

Earl R. Waddell, III, Fort Worth, for appellant.

Tim Curry, Crim. Dist. Atty; Betty Marshall and Charles M. Mallin, Asst. Chiefs of Appellate Section; Stuart Books, Mark Yokom, Richard Salamy, Asst. Dist. Attys., Fort Worth, for appellee.

Before CAYCE, C.J., and LIVINGSTON and PATRICE M. BARRON, (Former Justice) (Sitting by Assignment), JJ.

OPINION

BARRON, Justice (Assigned).

Appellant, Ollie Curtis Johnson, was convicted by a jury of the offenses of theft1 and unauthorized use of a motor vehicle.2 Johnson pled "true" to one enhancement count and two habitual counts. Thereafter, the trial court assessed punishment at thirty-five years' confinement in the Institutional Division of the Texas Department of Criminal Justice. In two points...

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