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MARGRAVES v. STATE

No. 14-97-00271-CR.

56 S.W.3d 673 (2001)

Ross D. MARGRAVES, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

August 16, 2001.

Attorney(s) appearing for the Case

David H. Berg, Geoffrey Alan Berg, Jeff Joyce, Bridget Ourdie, John L. Hill Jr., James E. Essig, Gene L. Locke, Houston, for appellants.

Bill R. Turner, Bryan, Matthew W. Paul, Austin, for appellees.

Panel consists of Justices SEARS, CANNON, and DRAUGHN.

OPINION ON REMAND

JOE L. DRAUGHN, Justice (Assigned).

Ross Margraves appealed from his conviction for misuse of state property, a third degree felony. In our original opinion, Margraves v. State, 996 S.W.2d 290 (Tex.App.-Houston [14th Dist.] 1999), we reversed his conviction based on the unconstitutionality of the Penal Code provision under which he was prosecuted, as well as the legal insufficiency of the evidence...

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