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DIETZ v. STATE

No. 03-01-00121-CR.

62 S.W.3d 335 (2001)

Mark DIETZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 10, 2002.

Attorney(s) appearing for the Case

Terrence W. Kirk, Law Office of Terrence W. Kirk, Terry Keel, Austin, for appellant.

M. Scott Taliaferro, Asst. Dist. Atty., Austin, for State.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and PURYEAR.

BEA ANN SMITH, Justice.

Mark Dietz appeals his conviction for impersonating a public servant, see TEX. PEN.CODE ANN. § 37.11 (West Supp.2001), for which he was sentenced to two years' probation. He complains on appeal that there is a fatal variance between the indictment and the proof at trial, and that the State introduced false evidence. We will overrule both issues and affirm the judgment of the trial court.

FACTUAL BACKGROUND

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