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SMITH v. STATE

No. 03-02-00061-CR.

104 S.W.3d 130 (2003)

Donald SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

March 13, 2003.

Attorney(s) appearing for the Case

David A. Schulman, Law Office of David A. Schulman, Austin, for Appellant.

C. Bryan Case, Jr., Assistant District Attorney, Austin, for Appellee.

Before Justices KIDD, B.A. SMITH and YEAKEL.

OPINION

LEE YEAKEL, Justice.

An indictment accused appellant Donald Smith and five other men of committing at least three of one hundred eighty-eight enumerated motor-fuel-tax offenses pursuant to one scheme or continuous course of conduct. Tex. Tax Code Ann. § 153.405(f) (West 2002). The enumerated offenses were: engaging in motor-fuel transactions without the required permit (seventy-eight incidents), failing to make required motor-fuel records...

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