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THOMAS v. STATE

No. 0159-95.

919 S.W.2d 427 (1996)

Jimmy Wayne THOMAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 3, 1996.

Attorney(s) appearing for the Case

Paul G. Kratzig, Andrew L. Quittner, Corpus Christi, for appellant.

Pamela Sullivan Berdanier, Assist. Dist. Atty., Dallas, Robert A. Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

A jury found appellant guilty of fraud in the sale of securities and the trial court assessed punishment at ten years, probated, and a $5000 fine. Appellant was ordered to pay $60,000 restitution and serve 180 days in county jail as conditions of probation. The Court of Appeals reversed the judgment of the trial court and ordered a judgment of acquittal on the ground that the evidence...

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