EN BANC OPINION
TERRY JENNINGS, Justice.
Appellant, Kenneth W. McKinny, was tried simultaneously for two state jail felony offenses: (1) theft of a truck and (2) theft of a pump worth more than $1,500 and less than $20,000. Although the jury acquitted appellant of the truck theft, it found him guilty of the theft of the pump and assessed punishment at two years confinement in a state jail with a $3,000 fine. In five points of error, appellant contends the...
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