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KIRKSEY v. STATE

No. 09-03-199-CR.

132 S.W.3d 49 (2004)

David KIRKSEY, Jr., Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided March 17, 2004.

Attorney(s) appearing for the Case

Roger Neil Moss, Lufkin, for appellant.

Clyde M. Herrington, District Attorney, Katrina L. Jackson, Assistant District Attorney, Lufkin, for state.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

OPINION

PER CURIAM.

David Kirksey, Jr. ("Appellant") was charged with unauthorized use of a motor vehicle, Tex. Pen.Code Ann. § 31.07 (Vernon 2003) (Count I) and injury to a child, Tex. Pen.Code Ann. § 22.04(a)(3) (Vernon 2003) (Count II). A jury found him guilty on Count I, not guilty on Count II, and the trial court imposed a sentence of two years as a State Jail Felony probated for five years. On appeal, Appellant raises two issues: (1) alleged...

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