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WHEELER v. STATE

No. 09-98-048 CR.

975 S.W.2d 793 (1998)

Gerald WHEELER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided August 26, 1998.

Attorney(s) appearing for the Case

Ronnie J. Cohee, Beaumont, for appellant.

Tom Maness, Criminal District Attorney, Rodney D. Conerly, Assistant Criminal District Attorney, Beaumont, for state.

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

OPINION

STOVER, Justice.

A jury convicted appellant Gerald Wheeler of the offense of retaliation. The trial court sentenced him to six years in the Texas Department of Criminal Justice—Institutional Division.

In two points of error, appellant challenges the legal and factual sufficiency of the evidence. Sufficiency of the evidence is measured by the elements of the offense as defined by the hypothetically correct jury charge for the case,...

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